Library of Emory University PUBLIC ACTS 07 THE STATE OE TENNESSEE, PASSED AT THE EXTEA SESSION OF THE THIRTY-THIRD GENERAL ASSEMBLY, FOR THE YEAR 1861. PUBLISHED BY AUTHORITY, kASHVILLE, TENN.: E. G. EASTMAN fit 00., PUBLIC PRINTERS, UNION AND AMERICAN OFFICE. 18 6 1. TABLE OF CONTENTS. Page Governor's Message upon assembling the Legislature 1 Recommending suspension of the sinking fund law for relief of railroad companies 13 CHAPTER 1. An Act providing for a Convention of the People of Tennessee 15 CHAPTER 2. An Act prescribing the remedy for the collection of debts and relief of the people . 17 CHAPTER 3. An Act to relieve tax-payers of this State 20 CHAPTER 4. An Act to repeal an act passed on the 21st day of February, 1860, entitled an act to amend the usury laws of this State, and to establish a conventional rate of interest 20 CHAPTER 5. An Act to give the banks further time to resume specie payment, and to enable them to accommodate the people 21 CHAPTER 6. An Act reducing the rate of interest from twelve and a half per cent, to six p6r cent., in cases of appeal 22 CHAPTER 7. An Act to amend and construe an act entitled an act prescribing a remedy for the collection of debts and relief of the people 23 CHAPTER 8. An Act for the relief of justices of the peace, and other purposes 23 CHAPTER 9. An Act for the relief of tax-payers 24 CHAPTER 10. An Act for the relief of railroad companies, receivers, and others 2o IV CONTENTS. CHAPTER 11. An Act directory to the county court of Hickman county, and for other purposes CHAPTER 12. An Act to repeal an act of 1857, chap. 82, abolishing military duty CHAPTER 13. An Act to defray the expenses of the General Assembly of the State of Ten- nessee, with the report of the Committee on Finance PRIVATE. ACTS. CHAPTER 14. An Act to amend the charter of the Bank of "West Tennessee CHAPTER 15. An Act incorporating a military department in Andrew College and the Memphis Arms Company ... .CHAPTER 16. An Act for the repeal of the 6th section of chapter 125 of an act passed 13th March, 1860 CHAPTER 17. An Act to amend an act passed 22d of March, 1860, and for other purposes... CHAPTER 18. An Act to incorporate the Memphis Light Dragoon Company CHAPTER 19. An Act to incorporate the Southern Savings Institute, the Greenville Sav- ings Institute, and Southern Zinc Company CHAPTER 20. An Act to repeal the charter of the Fayetteville and Alabama Turnpike Com- pany, and for other purposes ... CHAPTER 2L An Act to authorize certain sheriffs to appoint deputies... CHAPTER 22. An Act to amend the charter of the Gallatin and Cole's Ferry Turnpike Company .... Page 26 27 28 35 85 37 37 88 39 40 41 42 CONTENTS. V RESOLUTIONS. NUMBER 1. Page Joint Resolution for a convention of the two Houses, to hear the addresses from the Alabama and Mississippi Commissioners - 43 NUMBER 2. Joint Resolution directing the Treasurer to pay to members and officers their per diem-.., _ ........ 43 NUMBER 3. Joint Resolution directory to the Supervisor of Banks..— ... 44 NUMBER 4. Joint Resolution raising a committee of both Houses, to take into consider a- tion certain portions of the Governor's Message 44 NUMBER 5. I Joint Resolution raising a committee of both Houses, to take into considera- tion certain portions of the Governor's Message 44 NUMBER 6. Joint Resolution raising a committee of both Houses, to take into considera- tion certain portions of the Governor's Message .. 45 NUMBER 7. Joint Resolution to the President of the United States 45 NUMBER 8. Joint Resolution requesting the Governor to make inquiry of the banks for the purpose of procuring a loan for the State .. 46 NUMBER 9. Joint Resolution adopted by the Legislature of Tennessee in regard to coercion «... 46 NUMBER 10. Joint Resolution to relieve J. W. Roberts, tax collector for Overton county- 47 NUMBER 11. Joint Resolution directory to the Comptroller 48 NUMBER 12. Joint Resolution for the relief of Ed. "Willis, of Wilson county, and others- 48 NUMBER 13. Resolutions proposing amendments to the Constitution of the United States - 49 Vl CONTENTS. NUMBER 14. Page Joint Besolution to elect delegates to tlie general convention 52 NUMBER 15. Joint Resolution for the relief of N. G». Phillips, of Carroll county 52 NUMBER 16. Joint Resolution to adjourn sine die 53 NUMBER 17. Joint Resolution for the relief of James R. Gardner 53 NUMBER 18. Joint Resolution requesting delegates to repair to "Washington City 54 NUMBER 19. Joint Resolution to allow the securities of 0. Green further time to make a final settlement with the Comptroller 54 NUMBER 20. Joint Resolution in regard to the Acts and Journals 55 NUMBER 21. Joint Resolution tendering the use of the State Capitol to the American As- sociation for the Advancement of Science 55 ^NUMBER 22. Joint Resolution providing credentials for delegates to the Southern Conven- tion 56 NUMBER 23. Joint Resolution to print and bind both Journals of the present session in one volume 56 MILITIA LAWS. CHAPTER 1. Militia law 57 CHAPTER 2. An Act to abolish and discontinue spring musters, and their courts martial and drills 96 CHAPTER 3. An Act to amend the militia law of this State 97 CONTENTS. vii CHAPTER 4. Page An Act to create the 23d and 24th brigades of Tennessee militia, the 23d of Fayette and Shelby counties and the 24th of Maury county 98 CHAPTER 5. An Act to attach the 141st regiment of Tennessee militia to the 9th brigade... 99 CHAPTER 6. An Act to amend the militia laws of this State 100 CHAPTER 7. An Act to establish the county of Lewis 101 CHAPTER 8. An Act fixing the time of holding general musters in the 8th brigade 101 CHAPTER 9. An Act to establish the county of Cumberland 102 CHAPTER 10. An Act to establish the county of Hancock, in honor of John Hancock, one of the patriots of the revolution 102 ; CHAPTER 11. An Act to relieve the militia living in the seventh and eighth civil districts of the county of Polk, from attending battalion and regimental musters out of said districts ! 1.08 : CHAPTER 12. ]^.n Act to form a new regiment in Rutherford county 103 : CHAPTER 13. A^i Act to establish the county of Grundy 104 \ CHAPTER 14. AnlAct to form a new regiment in Giles county 105 . \ CHAPTER 15. An Act to change the time of holding the general musters in the 14th brig- aije Tennessee militia 105 • ^ CHAPTER 16. An Act to change the time of holding the regimental musters in the 16th brigade of the Tennessee militia 106 \ CHAPTER 17. An Act f4r the relief of the militia in the third civil district in Morgan county, and the militia of the nineteenth civil district of Monroe county 107 " viii CONTENTS; CHAPTER. 18. Page An Act to form a new regiment in the county of Scott 107 CHAPTER 19. An Act to change the time of holding the regimental musters in the nine- teenth brigade, and for other purposes 108 CHAPTER 20. A* Act to attach the 141st regiment of Tennessee militia, in the county of DeKalb, to the 8th brigade 108 CHAPTER 21. An Act to repeal a portion of the militia law now in force 109 CHAPTER 22. An act to release the Clearfork company of the militia of the county of Clai- borne, in the State of Tennessee 109 CHAPTER 23. An Act to change the time of holding regimental musters in the 111th and 112th regiments Tennessee militia 110 CHAPTER 24. An Act to form a new regiment in the county of Union Ill CHAPTER 25. An Act for the relief of the militia of the second district of Jackson county - 111 CHAPTER 26. An Act to change the time of holding regimental and company musters in I Greene county, 2d brigade, 7th and 8th regiments Tennessee militia, and / for other purposes 1121 CHAPTER 27. / An Act to amend the militia law of this Sta£e Ilk CHAPTER 28. j An Act to establish the county of Cheatham... J14 CHAPTER 29. / An Act to abolish military duty ,j.J 114 CHAPTER 80. /' An Act to incorporate Che U&th regiment Tenneese^ tmlitia 115* GOVERNOR'S MESSAGE. Executive Department, Nashville, January T, 1861. Gentlemen of the Senate and House of Representatives: The ninth section of the third article of the Constitution, pro- vides that, on extraordinary occasions, the Governor may convene the General Assembly. Believing the emergency contemplated, to exist at this time, I have called you together. In welcoming you to the capitol of the State, I can but regret the gloomy auspices under which we meet. Grave and momentous issues have arisen, which, to an unprecedented degree, agitate the public mind and imperil the perpetuity of the Government. The systematic, wanton, and long continued agitation of the slavery question, with the actual and threatened aggressions of the Northern States and a portion of their people, upon the well-defined constitutional rights of the Southern citizen; the rapid growth and increase, in all the elements of power, of a purely sectional party, whose bond of union is uncompromising hostility to the rights and institutions of the fifteen Southern States, have produced a crisis in the affairs of the country, unparalleled in the history of the past, resulting already in the withdrawal from the Confederacy of one of the sovereignties which composed it, while others are rapidly prepar- ing to move in the same direction. Eully appreciating the impor- tance of the duties which devolve upon you, fraught, as your action must be, with consequences of the highest possible importance to the people of Tennessee; knowing that, as a great Commonwealth, our own beloved State is alike interested with her sisters, who have resorted, and are preparing to resort, to this fearful alternative, I have called you together for the purpose of calm and dispassionate deliberation, earnestly trusting, as the chosen representatives of a free and enlightened people, that you will, at this critical juncture ot our affairs, prove yourselves equal to the occasion which has called for the exercise of your talent and patriotism. 2 A brief review of the history of the past is necessary to a proper understanding of the issues presented for your consideration. Previous to the adoption of the Federal Constitution, each State was a separate and independent Government—a complete sovereignty within itself—and in the compact of union, each reserved all the rights and powers incident to sovereignty, except such as were ex- pressly delegated by the Constitution to the General Government, or such as were clearly incident, and necessary, to the exercise of some expressly delegated power. ^ The Constitution distinctly recognizes property in slaves—makes it the duty of the States to deliver the fugitive to his owner, but contains no grant of power to the Federal Government to interfere with this species of property, except " the power coupled with the the duty," common to all civil Governments, to protect the rights of property, as well as those of life and liberty, of the citizen, which clearly appears from the exposition given to that instrument by the Supreme Court of the United States in the case of Dred Scott vs. Sandford. In delivering the opinion of the Court, Chief Justice Taney said: "Now, as we have already said in an earlier part of this opinion upon a different point, the right of property in a slave is distinctly and expressly affirmed in the Constitution." "And no word can be found in the Constitution wdiich gives Con- gress a greater power over slave property, or which entitles property of that kind to less protection than property of any other descrip- tion. The only power conferred) is the poiver coupled with the duty, of guarding and, protecting the owner in his rights.'" This decision of the highest judicial tribunal, known to our Gov- , ernment, settles the question, beyond the possibility of doubt, that slave property rests upon the same basis, and is entitled to the same protection, as every other description of property; that the General Government has no power to circumscribe or confine it within any given boundary; to determine where it shall, or shall not exist, or in any manner to impair its value. And certainly it will not be contended, in this enlightened age, that any member of the Confed- eracy can exercise higher powers, in this respect, beyond the limits of its own boundary, than those delegated to the General Govern- . ment. The States entered the Union upon terms of perfect political equality, each delegating certain powers to the General Government, but neither delegating any power to the other to interfere with its re- served rights or domestic affairs; hence, there is no power on earth which can rightfully determine whether slavery shall or shall not . exist within the limits of any State, except the people thereof acting in their highest sovereign capacity. The attempt of the Northern people, through the instrumentality . of the Federal Government—their State governments, and emigrant . aid societies—to confine this species of property within the limits of 3 the present Southern States—to impair its value by constant agita- tion and refusal to deliver up th'e fugitive—to appropriate the whole of the Territories, wThich are the common property of all the people of all the States, to themselves; by excluding therefrom every Southern man who is unwilling to live under a government which may by law recognize the free negro as his equal; " and in fine, to put the question where the Northern mind will rest in the belief of its ultimate extinction," is justly regarded by the people of the Southern States as a gross and palpable violation of the spirit and obvious meaning of the compact of Union—an impertinent interned- dling with their domestic affairs, destructive of fraternal feeling, or- dinary comity, and well defined rights. As slavery receded from the North, it was followed by the most violent and fanatical opposition. At first the anti-slavery cloud, which now overshadows the nation, was no larger than a man's hand. Most of you can remember, with vivid distinctness, those days of brotherhood, when throughout the whole North, the abolitionist was justly regarded as an enemy of his country. Weak, diminutive and contemptible as wTas this party in the purer days of the Republic, it has now grown to collossal proportions, and its recent rapid strides to power, have given it possession of the present ftlouse of Repre- sentatives, and elected one of its leaders to the Presidency of the United States; and in the progress of events, the Senate and Su- preme Court must also soon pass into the hands of this party—a party upon whose revolutionary banner is inscribed, " No more slave States, no more slave Territory, no return of the fugitive to his master"—an "irrepressible conflict" between the Free and "Slave States; "and whether it be long or sh-ort, peaceful or bloody, the struggle shall go on, until the sun shall not rise upon a master or set upon a slave." Nor is this all; it seeks to appropriate to itself, and to exclude the slaveholder from the territory acquired by the common blood and treasure of all the States. It has, through the instrumentality of Emigrant Aid Societies,' under State patronage, flooded the Territories with its minions, armed wTith Sharp's rifles and bowie knives, seeking thus to accomplish, by intimidation, violence and murder, what it could not do by constitu- tional legislation. It demanded, and from our love of peace and devotion to the Union, unfortunately extorted in 1819-'20, a concession which ex- eluded the South from about half the territory acquired from France. It demanded, and again received, as a peace offering in 1845, all of that part of Texas, North of 36° 80' North latitude, if at any time the interest of the people thereof shall require a division of her territory. It would submit to nothing less than a compromise in 1850, by which it dismembered that State, and remanded to territorial condi- tion a considerable portion of its territory South of 36 30. 4 It excluded, by tbe same Compromise, the Southern people from California, whose mineral wealth, fertility of soil, and salubrity of climate, is not surpassed on earth, by prematurely forcing her into the Union under a Constitution, conceived in fraud by a set of ad- venturers, in the total absence of any law authorizing the formation of a Constitution, fixing the qualification of voters, regulating the time, place, or manner of electing delegates, or the time or place of the meeting of such Convention. Yet all these irregular and unau- thorized proceedings were sanctified by the fact that the Constitution prohibited slavery, and forever closed the doors of that rich and de- sirable territory against the Southern people. And while the South- era mind was still burning under a humiliating sense of this wrong, it refused to admit Kansas into the Union upon a Constitution, framed by authority of Congress, and by delegates elected in conformi- ty to law, upon the ground that slavery was recognized and protected. It claims the constitutional right to abolish slavery in the District of Columbia, the forts, arsenals, dock-yards and other places ceded to the United States, within the limits of slaveholding States. It proposes a prohibition of the slave trade between the States, thereby crowding the slaves together and preventing their exit South, until they become unprofitable to an extent that will force the owner finally to abandon-them in self-defence. It has, by the deliberate Legislative enactments of a large major- ity of the Northern States, openly* and flagrantly nullified that clause of the Constitution which provides that— "No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." This provision of the Constitution has been spurned and trampled under foot by these " higher law " nullifiers. It is utterly powerless for good, since all attempts to enforce the fugitive slave law under it are made a felony in some of these States, a high misdemeanor in others, and punishable in all by heavy fines and imprisonment. The distempered public opinion of these localities having risen above the Constitution and all other law, planting itself upon the anarch- ical doctrines of the " higher law," with impunity defies the Gov- ernment, tramples upon our rights, and plunders the Southern citizen. It has, through the Governor of Ohio, as openly nullified that part of the Constitution which provides that— "A person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdic- tion of the crime." In discharge of official duty, I had occasion, within the past year, 5 to demand of the Governor of Ohio a person charged in the State (of Tennessee) with the crime " 0f slave stealing, who had fled from justice, and was found in the State of Ohio. The Gov- ernor refused to issue his warrant for the arrest and delivery of the fugitive, and in answer to a letter of inquiry which I addressed to him, said: "The crime of negro stealing not being known to either the common law or the criminal code of Ohio, it is not of that class of crimes contemplated by the Federal Constitution, for the commission of which I am authorized, as the executive of Ohio, to surrender a fugitive from the justice of a sister State, and hence I declined to issue a, warrant," &c.; thus deliberately nullifying and setting at defiance the clause of the'Constitution above quoted, as well as the act of Congress of February 12th, 1793, and grossly violating the ordinary comity existing between separate and inde- pendent nations, much less the comity which should exist between sister States of the same great Confederacy; the correspondence connected with which is herewith transmitted. It has, through the executive authority of other States, denied extradition of murderers and marauders. It obtained its own compromise in the Constitution to continue the importation of slaves, and now sets up a law, higher than the Con- stitution, to destroy this property imported and sold to us by their fathers. It has caused the murder of owners in pursuit of their fugitive slaves, and shielded the murderers from punishment. It has, upon many occasions, sent its emissaries into the South- ern States to corrupt our slaves; induce them to run off, or excite them to insurrection. It has run off slave property by means of the " underground rail- road," amounting in value to millions of dollars, and thus made the tenure by which slaves are held in the border States so precarious as to materially impair their value. It has, by its John Brown and Montgomery raids, invaded sover- eign States and murdered peaceable citizens. It has justified and " exalted to the highest honors of admiration, the horrid murders, arsons, and rapine of the John Brown raid, and has canonized the felons as saints and martyrs." It has burned the towns, poisoned the cattle, and conspired with the slaves to depopulate Northern Texas. It has, through certain leaders, proclaimed to the slaves the terri- ble motto, "Alarm to the sleep, fire to the dwellings, poison to the food and water of slaveholders." It has repudiated and denounced the decision of the Supreme Court. It has assailed our rights as guarantied by the plainest provisions of the Constitution, from the floor of each house of Congress, the pulpit, the hustings, the school-room, their State Legislatures, and 6 through the public press, dividing and disrupting churches, political parties, and civil governments. It has, in the person of the President elect, asserted the equality of the black with the ivhite race. These are some of the wrongs against which we have remonstrat- ed for more than a quarter of a century, hoping, but in vain, for their redress, until some of our sister States, in utter despair of ob- taming justice at the hands of these lawless confederates, have re- solved to sever the ties which have bound them together, and main- tain those rights out of the Union, which have been the object of constant attack and encroachment within it. No one will assert that the Southern States or people have, at any time, failed to perform, fully and in good faith, all of the duties wrhich the Constitution devolves upon them. Nor will it be pretended that they have, at any time, encroached or attempted aggression upon the rights of a Northern sister State. The Government was for many years under the control of Southern statesmen, but in originating and perfecting measures of policy, be it said to the perpetual honor of the South, she has never attempted to encroach upon a single constitutional right of the North. The journals of Congress will not show even the introduction of a single proposition, by any Southern Representative, calculated to impair her rights in property, injure her trade, or wound her sensibilities. Nor have they at any time demanded at the hands of the Federal , Government, or Northern States, more than their well-defined rights under the Constitution. So far from it, they have tolerated these wrongs, from a feeling of loyalty and devotion to the Union, with a degree of patience and forbearance unparalleled in the history of a brave and free people. Moreover, they have quietly submitted to a revenue system which indirectly, but certainly, taxes the products of slave labor some fifty or sixty millions of dollars annually, to in- crease the manufacturing profits of those who have thus presistently and wickedly assailed them. To evade the issue thus forced upon us at this time, without the fullest security for our rights, is, in my opinion, fatal to the institu- tion of slavery forever. The time has arrived when the people of the South must prepare either to abandon or to fortify and maintain it. Abandon it, we cannot, interwoven as it is with our wealth, pros- perity, and domestic happiness. We owe it to the mechanic whose shop is closed, to the multiplied thousands of laborers thrown out of employment, to the trader made bankrupt by this agitation. We owe it to ourselves, our children, our self-respect and equality in the Government, to have this question settled permanently and forever upon terms consistent with justice and honor, and which will give us peace and perfect security for the present and future. Palliatives and opiates, in the character of legislative compromi- ses, may be applied, affording momentary relief; but there will be no permanent safety, security, or peace, until Northern prejudice 7 has been eradicated, and the public sentiment of that section radi- cally changed and nationalized. To attempt the application of effective remedies before this great object has been accomplished, is like cleansing the stream while the fountain itself is poisoned. The consequences and immense interests which are involved in the proper solution of the difficulties that surround us, the deep, lasting, and vital importance of settling them upon principles of justice and equality, demand the most serious consideration of the whole people, as well as that of the public functionaries of the State. Whilst I cheerfully submit to your discretion the whole question of our federal relations, having no doubt myself as to the necessity and propriety of calling a State Convention, yet I respect- fully recommend that you provide by law for submitting to the peo- pie of the State the question of Convention or No Convention, and also for the election of delegates by the people, in the ratio of legis- lative representation, to meet in State Convention, at the Capitol, at Nashville, at the earliest day practicable, to take into consideration our federal relations, and determine what action shall be taken by the State of Tennessee for the security of the rights and the peace of her citizens. The question of Convention or No Convention, can and should be determined, and the delegates chosen at the same election, which can be very easily accomplished by heading one set of tickets Con- vention, and another set No Convention. If a majority of the people vote for Convention, then the persons receiving the largest number of votes in their respective counties and districts, to be com- missioned as delegates. This will place the whole matter in the hands of the people, for them, in their sovereignty, to determine how far their rights have been violated, the character of redress or guaranty they will de- mand, or the action they will take for their present and future security. If there be a remedy for the evils which afflict the country, con- sistent with the perpetuity of the Union, it will, in my opinion, be found in such constitutional amendments as will deprive the fanati- cal majorities of the North of the power to invade our rights, or im- pair the security or value of our property. Clear and well defined as our rights are, under the present Consti- tution, to participate equally with the citizens of all other States in the settlement of the common Territories, and to hold our slaves there until excluded by the formation of a State Constitution, yet every organized Territory will become a field of angry, if not bloody, strife between the Southern man and the Abolitionist, and we shall see the tragedies of Kansas re-enacted in each of them, as they approach the period of forming their State Constitutions. Plain and unmistakable as is the duty of each State to deliver up the fugitive slave to his owner, yet the attempt to reclaim is at the peril of the master's life. 8 These evils can he obviated to a great extent, if not entirely, by the following amendments to the Constitution: 1st. Establish a line upon the northern boundary of the present Slave States, and extend it through the Territories to the Pacific Ocean, upon such parallel of latitude as will divide them equitably between the North and South, expressly providing that all the terri- tory now owned, or that may be hereafter acquired North of that line, shall be forever free, and all South of it forever slave. This will remove the question of existence or non-existence of slavery in our States and Territories entirely and forever from the arena of politics. The question being settled by the Constitution, is no longer open for the politician to ride into position by appealing to fanatical prejudices, or assailing the rights of his neighbors. 2d. In addition to the fugitive slave clause provide, that when a slave has been demanded of the executive authority of the State to which he has fled, if he is not delivered, and the owner permitted to carry him out of the State in peace, that the State so failing to deliver, shall pay to the owner double the value of such slave, and secure his right of action in the Supreme Court of the United States. This will secure the return of the slave to his owner, or his value, with a sufficient sum to indemnify him for the expenses necessarily incident to the recovery. 3d. Provide for the protection of the owner in the peaceable pos- session of his slave while in transitu, or temporarily sojourning in any of the States of the Confederacy; and in the event of the slave's escape or being taken from the owner, require the State to return, or account for him as in case of the fugitive. 4th. Expressly prohibit "Congress from abolishing slavery in the District of Columbia, in any dock yard, navy yard, arsenal, or dis- trict of any character whatever, within the limits of any slave State. 5th. That these provisions shall never be changed, except by the consent of all the slave States. With these amendments to the Constitution, I should feel that our rights were reasonably secure, not only in theory, but in fact, and should indulge the hope of living in the Union in peace. With- out these, or some other amendments, wdiich promise an equal amount and certainty of security, there is no hope of peace or secu- rity in the government. If the non-slaveholding States refuse to comply with a demand so just and reasonable"; refuse to abandon at once and forever their unjust war upon us, our institutions, and our rights; refuse, as they have heretofore done, to perform, in good faith, the obligations of the compact of union, much as we may appreciate the power, prosper- ity, greatness and glory of this government; deeply as we deplore the existence of causes which have already driven one State from the Union; much as we may regret the imperative necessity which they have wantonly and wickedly forced upon us, every considera- tion of self-preservation and self-respect require that we should as- 9 sert and maintain our "equality in the Union, or independence out of it." In my opinion, the only mode left us of perpetuating the Union upon the principles of justice and equality, upon which it was orig- inally established, is by the Southern States, identified as they are in interest, sentiment, and feeling, and must, in the natural course of events, share a common destiny, uniting in the expression of a fixed and unalterable resolve, that the rights guaranteed by the Constitu- tion must be respected, and fully and perfectly secured in the pres- ent government, or asserted and maintained in a homogeneous Con- federacy of Southern States. Mere questions of policy may be very often properly compro- mised, but there can be no compromise of cardinal and vital prin- pies ; no compromise between right and wrong. Principle--must be vindicated, and right triumphant, be the consequences what they may. To compromise the one, or abandon the other, is not only unmanly and humiliating in the extreme, but always disastrous in its final results. The South has no power to re-unite the scattered fragments of a violated Constitution and a once glorious government. She is acting on the defensive. She has been driven to the wall, and can submit to no further aggression. The yJ^orth, however, can restore the Constitutional Union of our fathers, by undoing their work of alien- ation and hate, engendered by thirty years of constant aggression, and by unlearning the lessons of malignant hostility to the South and her institutions, with which their press, pulpit, and schools have persistently infected the public mind. Let them do this, and peace will again establish her court in the midst of this once happy country, -and the union of these States be restored to that spirit of fraternity, equality, and justice, which gave it birth. Let them do this, and the vitality which has been crushed out of the Constitution may be restored, giving renewed strength and vigor to the body politic. But can we hope for such results ? Two months have already passed, since the development of facts which make the perpetuity of the Union depend, alone, upon their giving to the South satisfactory guarantees for her chartered rights. Yet, there has been no propo- sition at all satisfactory, made by any member of the dominant and aggressive party of that section. So far from it, their Senators and Bepresentatives in Congress have voted down and spurned every proposition that looked to the accomplishment of this object, no matter whence emanating; and the fact that their constituents have, in no authoritative manner, issued words of rebuke or warning to them, must be taken as conclusive proof of their acquiescence in the policy. In view of these facts, I cannot close my eyes to the conclusion that Tennessee will be powerless in any efforts she may make to 10 quell the storm that pervades the country. The work of alienation and disruption has gone so far, that it will he extremely difficult, if not impossible, to arrest it; and before your adjournment, in all human probability, the only practical question for the State to de- termine will be whether she will unite her fortunes with a Northern or Southern Confederacy; upon which question, when presented, I am certain there can be little or no division in sentiment, identified as we are in every respect with the South. If this calamity shall befall the country, the South will have the consolation of knowing that she is in no manner responsible for the disaster. The responsibility rests alone upon the Northern people, who have wilfully broken the bond of union, repudiated the obliga- tions and duties which it imposes, and only cling to its benefits. Yet even in this dark hour of responsibility and peril, let no man coun- tenance the idea for a moment, that the dissolution of the Federal Union reduces the country-to anarchy, or proves the theory of self- government to be a failure. Such conclusions would be not only erroneous, but unworthy of ourselves, and our revolutionary ances- try, while our State governments exist, possessing all the ma- chinery, perfect and complete, which is necessary to the purposes of civil government, just as they existed before the Union was formed. The sages and patriots of the revolution, when in the act of sever- ing their connection with the mother country, and establishing the great cardinal principles of free government, solemnly declared that governments were instituted among men to secure their rights " to life, liberty, and the pursuit of happiness; deriving their just pow- ers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government, lay- ing its foundations on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness * * * * But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security." Recognizing these great principles, the people of Tennessee incor- porated in their declaration of rights, as a fundamental article of the Constitution of the State, " That government being instituted for the common benefit, the doctrine of non-resistance against arbi- trary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind." Whatever line of policy may be adopted by the people of Ten- nessee, with regard to the present Federal relations of the State, I am sure that the swords of her brave and gallant sons will never be drawn for the purpose of coercing, subjugating, or holding as a con- quered province, any one of her sister States, whose people may de- 11 clare their independence of the Federal Government, for the pur- pose of being relieved from " a long train of abuses and usurpations." To admit the right or policy of coercion, would be untrue to the ex- ample of our fathers and the glorious memories of the past, destruc- tive of those great and fundamental principles of civil liberty, pur- chased with their blood ; destructive of State sovereignty and equal- ity; tending to centralization, and thus subject the rights of the minority to the despotism of an unrestrained majority. Widely as we may differ with some of our sister Southern States as to the wisdom of their policy ; desirous as we may be that what- ever action taken in this emergency, should be taken by the South as a unit; hopeful as we may be of finding some remedy for our grievances consistent with the perpetuity of the present Confede- racy, the question, at last, is one which each member of the Con- federacy must determine for itself, and any attempt on the part of the others to hold, by means of military force, an unwilling sovereign- ty as a member of a common Union, must inevitably lead to the worst form of internecine war, and if successful, result in the establishment of a new and totally different government from the one established by the Constitution—the Constitutional Union being a Union of consent, and not of force, of peace, and not of blood—composed of sovereignties, free, and politically equal. But the new and coercive government, while it would "derive its powers" to govern a portion of the States "from the consent of the governed," would derive the power by which it governed the remainder, from the cannon and the sword, and not from their consent—a Union, not of equals, but of the victors and the vanquished, pinned together by the bayo- net and congealed in blood. I devoutly trust that a merciful Povidence may avert such a ca- lamity, and believe that there is no respectable portion of our people, whatever may be their differences of opinion upon other questions, who are so blind to reason, or so lost to patriotism and every senti- ment of civil liberty, as to give countenance to a policy so fatal in its results, and so revolting to every sentiment of humanity. While I sincerely trust that Tennessee may never be driven to the desperate alternative of appealing to arms in defence of the rights of her people, I nevertheless deem it proper, in view of the present excited state of the public mind and unsettled condition of the country, to call your attention to the fact that, with the exception of a small number of volunteer companies, we have no military or- ganization in the State, the militia having disorganized immediately after the repeal of the law which required drills and public parades. Independent of the impending crisis, I regard a thorough re-oigan- ization of the militia as imperatively demanded by every considera- tion of prudence and safety. I therefore submit the question to your consideration, with the earnest hope that you will adopt such plan of organization as will secure to the State at all times, and under all circumstances, an efficient and reliable military force. 12 I am unable, in the absence of full reports from the clerks of the several counties, to inform you as to the military strength of the State. Such reports as have been made to this department shall be laid before you. I do not doubt, however, that the military strength of the State may be safely estimated at one hundred and twenty thousand men. It is proper, in this connection, that I call your attention to the report of John Heriges, Keeper of Public Arms, herewith transmit- ted, showing the number, character, and condition of the public arms of the State, and respectfully recommend that you provide for the purchase of such number and character of arms, for the use of the State, as may be necessary to thoroughly arm an efficient mili- tary force. I regret that I cannot close this communication with the forego- ing recital of facts pertaining to the all important political crisis of the day. But a comparative failure of crops for two successive years, with the destruction of commercial confidence, resulting in the suspen- sion of commercial transactions, general stagnation of trade, and financial embarrassment which pervade the whole country, with its ever attendant evil of general pecuniary distress, at the beginning of which many of the banks in the State suspended specie payment, thereby incurring the penalties prescribed by the banking code of the last session. It is asserted, and I suppose truly, that the condition of the banks was such as not to make suspension necessary on their own account; that by the adoption of a purely selfish policy, they could have weathered the storm and sustained themselves, but to have done so they must have cut off all discounts, and enforced the collection of' their debts from the people, which would have increased the general distress. It is also urged with great earnestness, by a very large number of the people, that you should pass lawTs for relief, and in order to enable the banks to afford the greatest possible assistance to the people until another crop can be made, that the penalties in- curred by the suspension of the banks should be released. While I am confident in the opinion that the suspension of specie payment by the banks is wrong in principle, and tends to depreciate the currency and unsettle the standard of value, I am equally confi- dent that the policy of relief laws, to wdiich this general pecuniary distress has driven the public mind, is, to say the least of it, of doubtful policy, and generally injurious in their ultimate effects upon the community. The idea of freeing a people from pecuniary dis- tress by legislation, is, to my mind, an impossibility. Yet so uni- versal is the anxiety expressed, and so confident the hope of relief from the adoption of the policy suggested, that while I cannot con- cur in the truth of the argument, or recommend the adoption of the policy, I do not feel at liberty obstinately to stand between the peo- pie of the State and their chosen Representatives, to prevent the 13 adoption of such legislation connected with these questions as they may think will promote their interest and general welfare. I therefore submit to your consideration these questions for such action as you in your discretion, may see proper to take w7ith regard to them. I am aware that there are many questions of a general character with regard to which the constituents of many of you desire legisla- tion, but haying convened you in extraordinary session, upon what I conceived to be an extraordinary occasion in the history of the country, and feeling the necessity of prompt and immediate action upon the absorbing questions connected with the political crisis of the day, I have intentionally avoided submitting any others than those to which I have especially called attention, trusting that no material interest will suffer by being postponed until the next regu- lar session of the General Assembly. With the earnest hope that your session may be short and agree- able, and devoutly trusting that an All Wise Providence may watch over your deliberations, and guide and direct you in the adoption of such measures as will redound to the general welfare, peace, pros- perity, and glory of our State and country, the questions, fraught as they are with weighty responsibilities and fearfully important consequences, are respectfully committed to your hands. ISHAM G. HARRIS. Executive Department, January 16,1861. Gcentlemen of the Senate and House of Representatives: The Sinking Fund of 1855-6, contemplates the investment of the fund as paid in, in the internal improvement bonds of the State, at par, by which means the entire railroad debt of the State would have been extinguished before maturity. The act of 1859-60, re- pealing the above recited act, was intended, and will accomplish the same result. But the Commissioners have invested the fund paid in under the act of 1855-6, in bonds, at a discount of from eight to twenty-five per cent., by which much more of the debt has already been extin- guished than the act contemplated. In view of which fact, and the failure of crops, derangement and prostration of commerce, and general financial distress in all the departments of business, it is certainlly a hardship upon the railroad companies of the State to 14 be compelled to pay, in these times of universal pecuniary distress, any part of the principal of a debt which does not fall due for thirty years. I, therefore, respectfully recommend the passage of an act sus- pending the operations of the sinking fund law for the term of one year from this date, by which time another crop will have been made, and it may be reasonably hoped these companies will be in a condi- tion to pay their sinking fund without material inconvenience or in- jury, and if the law is rigidly enforced after this suspension, as it has been heretofore, it will still extinguish the debt by maturity. Having learned from a portion of the people of the city of Nash- ville, and one of the Representatives of the county of Davidson, that the passage of an act authorizing the corporation of the city of Nashville to endorse certain income bonds of the Edgefield and Ken- tucky Railroad Company, is desired by them, and important to said company, at their instance, I submit the question to your discretion. The general internal improvement law makes it the duty of the Governor to appoint " Receivers to take charge of the roads and effects " of Railroad Companies in certain contingencies, but the law fixes no salary or compensation for such service. The fact that the duties and responsibilities of the Receiver are much greater on some roads than on others, requires that the com- pensation of Receiver in each case depend, to a great extent, upon the character of duties and amount of responsibility imposed upon him. I, therefore, recommend that you pass an act, fixing the salary of Receivers or conferring upon some officer of the government the power to fix the compensation in each case. Regretting, as I do, the necessity of multiplying the subjects of legislation at an extra session, I have carefully avoided opening the fruitful fields of internal improvements, and confined myself strictly to the Sinking Fund law, the salary of Railroad Receivers, and authorizing the corporation of Nashville to endorse the income bonds of the Edgefield and Kentucky Railroad Company, if it should see proper to do so; which questions are respectfully submitted to your consideration. ISHAM G. HARRIS. PUBLIC ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE. PASSED AT THE EXTRA SESSION OF THE THIRTY-THIRD GENERAL ASSEMBLY, WHICH WAS BEGUN AND HELD AT NASHVILLE ON MONDAY THE SEVENTH DAY OF JANUARY, IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTY-ONE. CHAPTER 1. AN ACT providing for a Convention of the People of Tennessee. Section 1. Be it enacted by the Greneral Assembly of the State of Tennessee, That an election for delegates to a Convention of the people of the State of Tennessee, shall be held in the several counties thereof, on Saturday, the 9th day of February, 1861, and that said election shall be held at all the precincts and voting places established bylaw; and shall be managed and conducted by the sheriffs and other proper officers of the counties respectively, in the manner and subject to the rules prescribed by law for the election of members of the Legislature. And it is hereby declared to be the duty of the Governor to issue his proclamation to the several sheriffs of the State, at least ten days before the time appointed for holding said election, requiring them to hold and conduct the same as herein provided; and said sheriffs shall advertise the time and place of said election, as in case of the election of members of the Legislature. Sec. 2. Be it farther enacted, That the whole number of delegates elected to said Convention shall be one hun- 16 dred, and that each county shall he represented in said Convention by the same number of delegates that it has Representatives in the Legislature; that each Floating District shall be represented by one delegate, and each Senatorial District by one delegate in said Convention. Sec. 3. Be it further enacted, That no person shall be eligible to a seat in said Convention, who is not twenty-one Delegates!011 °f years of age, and who has not been a citizen of the State for twelve months, and of the county or district from which he is elected, six months immediately preceding the election. Sec. -4. Be it further enacted, That it shall be the duty of the sheriff of said county, immediately after said elec- tion, to make a complete return to the Secretary of State of the votes cast for delegates, and for " Convention" or " No Convention," in his county, and the certificate Eetums. 0;j? eie(qion 0f returning officer of the proper county; and the certificate of election shall be evidence in favor of any delegate of his right to a seat in said Convention; subject, if contested, to be decided in such manner as the Convention may prescribe. Sec. 5. Be it further enacted, That the delegates elec- ted under the provisions of this act shall assemble at Nash- ville, on the 25th day of February, 1861, and organize themselves into a Convention by the election of a Presi- dent, and such other officers as they may deem necessary; and thus organized, shall proceed to consider the then ex- isting relations between the government of the United States and the government and people of the State of Tennessee, and to adopt such measures for vindicating the Compensation of sovereignty of the State, and the protection of its institu- members, &c. tions, ag gPaJi appear to them to be demanded. Said Con- vention shall adopt such rules and regulations for its gov- ernment and the transaction of business as it shall think proper. The officers, members, and assistants of said Con- vention shall receive the same compensation as is now al- lowed by law to the members, officers and assistants of the General Assembly of the State, and to be paid in the same manner by the Treasurer of the State. Sec. 6. Be it further enacted, That in case of a vacancy occurring in said Convention by death, resignation or oth- Taoancie* erwise, of any member, it shall be the duty of the Gover- nor to cause such vacancy to be filled, if practicable, by issuing his writ of election to the sheriff or sheriffs of the proper county or counties requiring him or them on five days' notice to hold an election according to law, to fill the same. Sec. 7. Be it furthr enacted, That in submitting the question of a Convention to the people, they shall have writ- 17 ten or printed on their ballots for delegates the words " Oon- vention " or " No Convention," and if the number of votes cast for a Convention be greater than the votes cast against a Convention, then there shall be a Convention. Seo. 8. Be it further enacted, That no ordinance or re- To ^ mbmitt€d solution, which may be adopted by said Convention, having t0 ^9 people, for its object a change of the position or relation of this State to the National Union or her sister Southern States, shall be of any binding force or effect until it is submitted to and ratified and adopted by a majority of the qualified voters in the State, taking as a basis the vote cast in the last election for Governor and members of the General Assembly. Sec. 9. Be it further enacted, That this act shall take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed January 19, 1861. CHAPTER 2. AN ACT prescribing the remedy for the Collection of Debts and Belief of the People- Section 1. Be it enacted by the G-eneral Assembly of the State of Tennessee, That from and after the passage of this act, that all judgments and decrees which shall be ren- dered in any of the Courts of Record of this State, or which shall be rendered by justices of the peace of this State for money, shall be stayed by such courts and justices for the period of twelve months from the rendition of such decree or judgment: Provided, That the defendant or de- fendants in said judgment or decree shall appear before said Courts of Record during the term of such Court, or within two days after the rendition of the judgment before justices of the peace, and give good and ample security for the stay of execution, to be approved of by said Courts or justices, which stay shall operate as a judgment against the security in said Courts or before said justices. Sec. 2. Be it further enacted, That upon affidavit of the plaintiff in the judgment, his agent or attorney, made before the Court or justice of the peace, or before the when execution Clerk of said Court if in vacation, showing that the secu- bS^gteyed?^ rity for the stay of execution is not good and sufficient, the 2 18 defendant, upon five days' notice being given, Bhall justify tbe security already given, or give other security to be ap- proved of by the justice of the peace, or by the Court if in session, and if in vacation, by the Clerk of said Court; and upon his failure to justify or give other security, exe- cution shall issue immediately. If the additional security shall be taken by a justice of the peace, it shall be suffi- cient to bind the security if he write his name as additional security or stayor upon the justice's docket, or shall au- thorize the same to be done by the justice, either verbally or in writing. If said additional security shall be taken by the Court, the same shall be entered as matter of record on the minutes of said Court. If said additional security shall be taken by the clerk in vacation, it shall be sufficient in order to bind the security that he acknowledge himself additional security or stayor, on the execution docket in said clerk's office. Sec. 8. Be it further enacted, That in all cases where judgments or decrees have been rendered by any of the Courts or justices of the peace in this State, upon whioh executions have not been issued, or upon which executions have been issued and not levied, the defendant or defend- ants in said judgment or execution may appear before the justice of the peace, or Court, if in session, or before the clerk of said Court in vacation, and upon giving good and ample security to said justice, Court, or clerk, as the case may be, in the manner provided in the second section of been obtained. 8 this act for giving additional security, said execution shall be stayed for the period of six months from the time said security shall be given, when execution may issue against ■the parties to the original judgment and the security for tthe stay of execution. And that in all cases where any 'execution or order of sale may be levied on personal prop- erty, that the debtor in the process shall have the option to . avail himself of the preceding provisions of this act, or it ? shall be lawful for him to give bond in double the value of the property, and good security to the officer for the forth- coming of said property for sale at the court-house of the county, or such other place as the parties may agree upon, in which the levy is made, on the first Monday of Decern- ber, 1861. And if in the interval the surety or sureties become insufficient, the levying officer may notify the do- fendant, and he shall give sufficient additional security for the delivery of said property at said time and place. In order to constitute the levy on real estate valid as to pro- ceedings before a justice of the peace, the execution shall be registered in the register's office of the county where the land lies. Sec. 4. Be it further enacted, That in case additional 19 security shall be given, as provided in the second section of this afet, the first security given shall not hereby be re- leased from liability, but execution shall issue against the original parties to the judgment, and against the first as well as the additional securities. Sec. 5. Be it further enacted, That this act shall not be construed so as to authorise the stay of executions upon ^ in judgments before justices of the peace that were not snb- toenaIty reieas^. 11th section already incurred by said banks, be, and the same is hereby released to said banks from the 26th of November, 1860, to the time this act becomes the law of the State. Sec. 3. Be it further enacted, That all of the 6th sec- tion of said act, be, and the same is hereby declared, so far as said banks are concerned, inoperative until the 1st July, 1862, except so much of said section as requires that the issue of said banks shall not exceed in the aggregate, two dollars of circulation for one of actual paid in capital stock. Provided, however, That from and after the 1st July, 1862, the whole of said section shall revive and con- tinue in full force and effect. , Sec. 4. Be it further .enacted, That it shall be the duty of any bank in this State, while in suspension, to make weekly reports to the Supervisor of Banks, of the amount WeeMywPerts» of specie and specie funds on hand, of the discounts and re- newals of notes and bills, and amount of exchange sold, and it is hereby made the duty of the Supervisor to publish the same at least once a month for public information. Sec. 5. Be it further enacted, That so much of section four of the above recited act as prohibits any bank to com- 22 CafAtat mence the buaineea of banking with a less paid in capita stock than three hundred thousand dollars, be repealed; Provided, however, That no bank shall commence the busi- ness of banking with a lees paid in capital than one hun- died thousand dollars. Sec. 6. Be it further enacted, That the provisions of this act shall extend to all banks that have heretofore con- formed their action to the bank code, or will do so on the passage of this act: Provided, That the bonds of the free banks be taken at market value as specie funds. Sec. 7. Be it further enactedy That the Bank of Ten- soiiriiiwfe** nessee be, and is hereby authorized to issue notes of the denomination of one, two, and three dollars. Sec. 8. Be it further enacted, That in order to more effectually relieve the people of all sections of the State from their present pecuniary distress, the Bank of Tennes- see is directed, and the Union and Planters' Banks respect- felly requested, in extending their line of discount, to equalize the accommodations to all sections, as near as may be, in proportion to the population of the different bank- ing districts in the State. W. C. WHITTHORNE, Speaker of the House of Representatives TAZ. W. NEWMAN, Speaker of the Senate. Passed January 31, 1861. CHAPTER 6. AN ACT reducing the rate of Interest from twelve and a half per oent. to six per oent. In oases of appeaL Section 1. Be it enacted by the G-eneral Assembly of the State of Tennessee, That judgments or decrees, when affirmed in a higher court, shall he for the judgment or de- cree of the inferior tribunal, and interest thereon, at the rate of six per cent, per annum, instead of twelve and a half per cent, as now allowed by law. Sec.) 2. Be it further enacted, That executions here- after issued by the different Clerks of the Supreme Court, shall be returnable to the next term of said court after their issuance, as executions from the Circuit and Chan- eery Courts now are. 28 Bic. 8. Be it further enacted, That this Act take effect from and after its passage; and that it expire by its own limitation on the lit of July, 1868. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the SencUs. Passed February 1, 1861. CHAPTER 7. AS ACT to ameod «J>d construa an aot, entitled An Aet preeeribinf the remedy for the Collection of Bebts end Jiellefof the People. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That no portion of an act passed at the present extra session of the General Assembly of Tennessee!, entitled An Act prescribing a remedy for the collection of debts and relief of the people, shall be so construed as to apply to any judgments rendered in any criminal case in Courts of Record, or before justices of the peace of this State. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed February 2, 1861. CHAPTER 8. AN ACT for the Relief of Justices of the Peace, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the penalty of one hundred, and twenty-five dollars on justices of the peace, in sectioii 3017 of the Code, for neglecting the duties required in sections 3015-3016, he hereafter ten dollars only. Sec. 2. Be it further enacted, That part of the forfeit- ures heretofore accrued under said sections of the Code, 24 except the costs and the part due the informers, be, and the same is hereby released. Sec. 3. Be it further enacted, That this act take effect from and after its passage. Sec. 4. Be it enacted, That the remedy by motion for the non-return, or insufficient return, of executions, is hereby repealed; but this act shall apply only to cases where Remedy by mo- debtor avails himself of the benefits of an act passed tion abolished. January 26th, 1861, "To provide a remedy for the Collec- tion of Debts, and for the Relief of the People." And it shall not apply where the money has been collected, and shall cease to be operative on the 1st day of July, 1862. This act shall take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed February 2, 1861. CHAPTER 9. AN ACT for the relief of Tax-payers. Section 1. Be it enacted by the Qencral Assembly of the State of Tennessee, That section 32 of an act passed 24th day of March, 1860, authorizing one hundred thousand dollars State bonds to be issued for the improvement of the Capitol Gounds, be, and the same is hereby repealed. Sec. 2. Be it further enacted, That the Board of Com- missioners, for the Capitol Grounds shall immediately make settlement with the Comptroller of the Treasury, cantoi Commis- an(j au monies in their hands shall be paid into the treas- 8io iers*. r ury; after paying all dues to hands and otherwise due, at the date of the passage of this act, from said Commission- «rs, the remainder to he paid into the treasury; and all bonds that have been issued for that purpose and not sold, shall be cancelled and destroyed. Sec. 3. Be it further enacted, That the Governor ap- point a Receiver to take into his possession the mules, Recurer. carts, and tools that now belong to the State, that are em- ployed on the Capitol Grounds, and dispose of them either by public or private sale, and pay over the proceeds into the treasury; and the Treasurer shall allow said Receiver 25 such compensation as he may think reasonable for his ser- vices. Sec. 4. Be it further enacted, That the Commissioners shall receive all the rock that are prepared for the Capitol by the Penitentiary, and take charge of the same. Sec. 5. Be it enacted, That this act take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed Eebruary 1, 1861. CHAPTER 10. AN ACT for the Relief of Railroad Companies, Receivers and others. Section 1. Be it enacted by the (feneral Assembly of the Slate of Tennessee, That so much of the act of March 20th, 1860, Chapter 98, as requires Railroad Companies to pay annually two and one-half per cent, on the amount of the bonds issued or endorsed by the State, as a sink- ing fund, be, and the same is hereby suspended for the term of one year from and after the passage of this bill. Sec. 2. jBe it also enacted, That the Governor of the State be, and is hereby authorized and required to pay the Receivers who have taken or may take charge of the roads and effects, such salaries as he may deem just and fair; Provided, That the same shall not exceed the salary Receivers, paid heretofore to the Superintendent of said road by the President and Directors thereof, and upon his order the Comptroller shall issue his warrant to the Receivers for such amounts—said salary being made payable quar- terly. Sec. 3. Be it further enacted, That the County Court of Blount county may in their discretion appropriate the fund heretofore collected by said county as Railroad taxes, for county purposes; Provided, Said County Court shall hereafter, when notified by the Knoxville and Charleston Blonnt County Railroad Company, levy a tax sufficient to meet the inter- est on the bonds heretofore authorized to be issued by said county, for the benefit of said Knoxville and Charles- 26 ton Railroad Company, according to the provisions of the act providing for the issuance of said bonds. Sec. 4. Be it further enacted by the General Assem- bly of the State of Tennessee, That the Governor be di- Bond to p h«>- rec^e(^ to issue a duplicate bond, No. 8965, for one thou- oefceny- sand dollars, in consideration of the destruction of the original bond of the same number, to P. Henneberry, of the State of Virginia. Sec. 5. Be it further enacted, That in all cases where, now by law, new counties are required to vote with the old counties from which they were taken, and said old counties have been re-districted, and under said division into dis- New cooDtte* tricts no district is laid off in the new counties, the voters of any fragment of the old counties so taken off shall vote in the district laid off from said portion of the old counties by the County Court of the new county, and the officers now required by law to open and hold elections shall open and hold the same at the places required in this act. Sec. 6. Be it further enacted, That this act shall take effect from and after its passage. W. C. WHITTHORNE, S-peaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed February 1, 1861. CHAPTER 11. AN ACT directory to the County Court of Hickman county, and for other purposes; It appearing that a larger amount of State tax was as- sessed and collected than was authorized by law, which is now in the hands of the Collector; Therefore, Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the County Court of Hick- man county be, and they are hereby authorized to appro- priate the money collected as above, in any manner they may deem necessary, whether to the payment of the State or county tax, or otherwise. Sec. 2. Be it further enacted, That the benefits of this act shall apply to all counties in the like condition. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed February 2, 1861. 27 CHAPTER 12. AN ACT to repeal the Act of 1857, chapter 39, abolishing Military Duty. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the act of 1857, chap. 32, he, and the same is hereby repealed, and that the acts which said act was intended to repeal, shall be and remain in full force and effect. Sec. 2. Be it further enacted, That it shall be the duty of the Governor of the State, as commander-in-chief of the militia, to issue a proclamation on the passage of this act, calling upon all officers of the militia of the State, whose duty it is to issue writs of election to fill vacancies existing in the offices of the militia of the State, forthwith to perform said duty; Provided, There is no militia offi- cers to issue said writs of election, it is hereby made the duty of the several sheriffs to issue writs of election for regimental and company officers. Sec. 3. Be it further enacted, That should it be neces- sary, in the opinion of the several captains of companies of the militia of this State, in order to perfect the military efficiency of their companies, musters and drills should be had oftener than now required by law, said captains may muster and drill their said companies as often as one day in each and every month. Sec. 4. Be it further enacted, That the Governor of the State is hereby instructed to furnish to each grand division of the State, its quota or proportion of such arms as may belong to the State. Sec. 5. Be it further enacted, That it is hereby made the duty of the Secretary of State to affix to this act all militia laws of the State in force, from the acts passed January 28th, 1840, to the present time. Sec. 6. Be it further enacted, That the Governor be, and he is hereby, authorized to raise three artillery com- Artillery com- panies, one in each grand division of the State, whenever, pame#" in his opinion, it may be deemed necessary; and that this act take effect from and after its passage. W. G. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed January 31, 1861. 28 CHAPTER 13. an ACT to defray the expenses of the General Assembly of the State of Tennessee, with the report of the Committee on Finance. Section 1. Be it enacted by the G-eneral Assembly of the State of Tennessee, That the Comptroller of the Treas- ury issue his warrant to each member of the Senate and House of Representatives for the sum stated to be due to each in the annexed report of the Committee on Finance. Sec. 2. Be it further enacted, That the Comptroller issue his warrant to the officers of the Senate and House of Representatives, viz: to John McClarin, for one hun- dred and seventy-four dollars, for twenty-nine days' ser- vice as Principal Clerk of the Senate; to Franc M. Paul, for one hundred and seventy-four dollars, for twenty-nine days' service as Assistant Clerk of the Senate; to J. E. Bennett, for one hundred and sixteen dollars, for twenty- nine days' service as Doorkeeper of the Senate; to R. S. Bugg, for one hundred and sixteen dollars for twenty-nine days' service as Messenger of the Senate; Fred. S. De Wolfe, for one hundred and seventy-four dollars, for twenty-nine days' service as Principal Clerk of the House of Representatives; to John A. Campbell, far one hurt- dred and seventy-four dollars, for twenty-nine days' service as Engrossing Clerk of the House of Representatives; to John E. Helms, for one hundred and seventy-four dollars, for twenty-nine days' service as third Clerk of the House of Representatives; to J. M. Carter, for one hundred and sixteen dollars for twenty-nine days' service as Principal Doorkeeper of the House of Representatives; to F. P. Wade, for one hundred and sixteen dollars, for twenty-nine days' service as Assistant Doorkeeper of the House of Representatives. Sec. 3. Be it further enacted, That the Comptroller shall issue his warrant to Tazewell W. Newman, Speaker of the Senate, for fifty dollars, for services of boy Buck, for attending in the Senate. Sec. 4. Be it further enacted, That the Comptroller Issue his \varrant to W. C. Whitthorne, Speaker of the House of Representatives, for the sum of fifty dollars, for the services of boy George, for attending upon the House of Representatives. Sec. 5. Be it further enacted, That the Principal Clerk of the Senate shall remain a sufficient time after the adjourn- ment to file the papers of the Senate in the office of the Secretary of State, and close his business, for which he 29 shall be allowed his per diem; and that the said Clerk be allowed thirty cents per page for copying the unfinished journal, and that the Comptroller issue his warrant for the same. Sec. 6. Be it further enacted, That Fred S. DeWolfe, Principal Clerk of the House of Representatives, shall remain a sufficient length of time after the adjournment to file the papers of the House of Representatives in the of- fice of the Secretary of State, and close his business, for which he shall be allowed his per diem; and that the said Clerk be allowed thirty cents per page for copying the unfinished Journal, and that the Comptroller issue his war- rant for the same. Sec. 7. Be it further enacted, That the Comptroller issue his warrant and pay the several publishers of the city papers for the papers furnished the General Assembly and laid upon the table of each member every day of the ses- sion, at the current subscription price of the same, at the expense of the State. "* Sec. 8. Be it further enacted, That the Secretary of State cause one copy of the Acts and Journals of the present extra session of the General Assembly to be bound for each member of both Houses, and the officers of the same, and distributed with the other Acts and Journals. Sec. 9. Be it further enacted, That the Comptroller issue his warrant to the Principal Clerk of the Senate, and to Fred. S. DeWolfe, Principal Clerk of the House of Representatives, for fifty dollars, for preparing an index to the Senate Journal, and fifty dollars for preparing an index to the House Journal, of the present session of the General Assembly. Sec. 10. Be it further enacted, That the Comptroller of the Treasury examine the accounts of Messrs. Eastman & Co., for job printing executed for the General Assembly, and pay the same according to the rate specified by law, out of any money in the treasury not otherwise appropri- ated. Sec. 11. Be it further enacted, That the Comptroller issue his warrant to the Nashville Gas-light Co., for one hundred and seven dollars and thirty-five cents, for gas furnished at the Capitol for this extraordinary session of the General Assembly. 30 Report of the Committee on Finance, showing the mileage and per diem allowance of the members of the Senate and House of Representatives, at the extraordinary session of the thirty-third Greneral Assembly, and the aggregate amount of each. Senators' Names. -Days. Per Diem Miles Mileage. Total. Y. S. Allen 29 $116 212 $33 92 $149 92 J. S. Boyd 29 116 400 64 00 180 00 AY. M. Bradford 29 116 464 74 28 190 28 R. W. Bumpass 29 116 880 140 80 256 80 R. T. Hildreth 29 116 250 40 00 156 00 Judson Horn 29 116 200 32 00 148 00 H. AY. Hunter 29 116 224 35 84 151 80 James M. Johnson 29 116 119 19 04 135 04 James T. Lane 29 116 400 64 00 180 00 J. E. Mickley 29 ,116 186 21 76 137 78 J. A. Minnis 29 116 302 48 32 164 32 G. R. McLellan 29 116 750 120 00 236 00 Thos. McNeilly 29 116 76 12 16 128 16 M. V. Nash 29 116 460 73 60 189 60 R. G. Payne 29 116 768 122 88 238 88 G. B. Peters 29 116 704 112 64 228 64 J. W. Richardson 29 116 46 7 36 123 36 S. S. Stanton 29 116 150 24 00 140 00 Jordan Stokes 29 116 60 9 60 125 60 D. Y. Stokely 29 116 500 80 00 196 00 B. L. Stovall 29 116 300 48 00 164 00 J. L. Thompson 29 116 100 16 00 132 00 John Trimble 29 116 116 00 E. J. Wood 29 116 92 14 72 130 72 T. AY. Newman, Speaker 29 174 170 27 20 201 20 Bepbesentatiyes' Names. Days. Per Diem. Miles. Mileage. Total. R. H. Armstrong 29 $116 400 $64 00 $180 00 W. N. Baker 29 116 200 32 00 148 00 Samuel Baker 29 116 280 44 89 160 89 AY. H. Barksdale 29 116 85 13 60 129 60 W. M. Bayless 29 116 720 115 20 231 20 J. J. Beatty 29 116 180 28 80 144 80 R. A. Bennett 29 116 85 13 60 129 60 S. T. Bicknell ... 29 116 520 83 20 199 20 R. II. Bledsoe 29 116 250J 40 00 156 00 31 Eepreshntatiyes' Names. Days. Per Diem. Miles. Mileage. Total. Wm. Brazelton 29 116 450 $72 00 $188 00 James Britton 29 116 674 107 84 221 84 R. R. Butler.. 29 116 829 131 20 247 20 Alfred Caldwell 29 116 410 65 60 181 60 H. N. Cowden 29 116 150 24 00 140 00 R. B. Cheatham 29 116 n a no Philip Critz 29 116 700 112 00 228 00 J. W. Davidson 29 116 16 688 142 88 John R. Davis 29 116 50 8 00 124 00 W. R. Doak 29 116 84 13 44 129 44 N. B. Dudley 29 116 100 16 00 132 00 E. H. East 29 116 116 00 Wm. Ewing • 29 116 36 5 76 121 76 W. T. Parley *..... 29 116 720 115 20 231 20 John Pat. Parrelly 29 116 768 122 85 238 85 J. J. Ford 29 1.16 100 16 00 132 00 C. Frazier 29 116 220 35 20 151 20 Geo. Gantt 29 116 84 13 44 129 44 A. W. Gillespie 29 116 388 62 08 178 08 T. S. Gorman 29 116 500 80 00 196 00 A. L. Greene 29 116 326 52 16 168 16 W. W. Guy 29 116 376 60 16 176 16 R. R. Harris 29 116 300 48 00 164 00 J. S. Havron.. 29 116 260 41 60 157 60 G. Y. Hebb 29 116 180 28 80 144 80 R. B. Hurt 29 116 350 56 00 172 00 R. M. Ingram 29 116 400 64 00 180 00 W. E. B. Jones 29 116 325 52 00 168 00 Robert Johnson 29 116 550 88 00 204 00 W. R. Kenner 29 116 400 64 00 180 00 Thos. J. Kennedv 29 116 125 20 00 136 00 Alvis Kincaid 29 116 600 96 00 212 00 John W. Kincaid 29 116 610 97 60 213 60 B. J. Lea 29 116 768 122 85 238 85 H. C. Lockhart 29 116 180 28 80 144 80 Wm. L. Martin 29 116 62 9 92 125 92 P. B. Mayfield 29 116 330 52 '50 168 50 John G. McCabe 29 116 110 17 60 133 60 Jonathan Morris 29 116 212 33 92 149 92 J. L. Morphis 29 116 300 48 00 164 00 R. C. Nail 29 116 350 56 00 172 00 John Norman 29 116 212 33 92 149 92 Jos. G. Pickett 29 116 100 16 00 132 00 James D. Porter 29 116 220 35 00 151 20 Stith Richardson 29 116 600 96 00 212 00 32 Representatives' Names. Days. Per Diem Miles Mileage. Total. D. A. Roberts 29 $116 250 $40 00 $156 00 W. M. Russell 29 116 150 24 00 140 00 D. W. C. Senter 29 116 475 76 00 192 00 J. M. Shied 29 116 180 28 00 144 00 A. G. Shrewsbury. 29 116 250 40 00 156 00 John Smith 29 116 160 25 60 141 60 J. M. Sowell 29 116 150 24 00 140 00 J. P. Trevitt 29 116 750 120 00 236 00 D. C. Trewhitt 29 116 328 52 48 168 48 A. J. Vaughn 29 116 375 60 00 176 00 J. B. White 29 116 116 00 Wm. L. White 29 116 60 9 60 125 60 C. H. Whitmore 29 116 716 114 56 230 56 Mat. Williams 29 116 182 29 12 145 12 J. J. Williams 29 116 110 17 60 133 60 John Williams 29 116 400 64 00 180 00 J. L. Williamson 29 116 600 96 00 212 00 W. H. Wisener 27 108 126 20 16 128 16 John Woods 29 116 64 10 24 126 24 John Woodard 29 116 50 8 00 124 00 W. C. Whitthorne, Sp'r. 29 174 84 13 44 187 44 Sec. 12. Be it further enacted, That the Comptroller issue his warrant to W. C. Whitthorne, Speaker of the House of Representatives, for three dollars, for the hoy George, for furnishing water-towels for the General As- sembly. Sec. 13. Be it further enacted, That the Comptroller issue his warrant to A. C. & A. B. Beech, for fifty dollars and fifty-one cents, for matting furnished for the use of the Capitol. Sec. 14. Be it further enacted, That the Comptroller issue his warrant to J. B. Sutton, for six hundred and ninety-nine dollars and seventy-four cents, for coal pur- chased of him. Sec. 15, Be it f urther enacted, That the Comptroller issue his warrant to Mr. Patrick McCue for fifteen dollars for cleansing the water closets during the session. Sec. 16. Be it further enacted, That the Comptroller issue his warrant to John York & Co., for eighty-eight dol- lars and eighty-two cents, for stationery furnished the Gen- eral Assembly. Sec. 17. Be it further enacted, That the Comptroller issue his warrant to J. W. Wilson, for sixty-three dollars S3 and seven cents, for sundries furnished for the use of the State 'Capitol. Sec. 18. Be it further enacted, That the Comptroller issue his warrant to F. Hagan & Co., for one hundred and fifty-five dollars and forty-eight cents, for stationey fur- nished this General Assembly. Sec. 19. Be it further enacted, That the Comptroller issue his warrant to 0. P. McRoberts, for twenty-eight dollars and fifty cents, for coal furnished for the use of the General Assembly. Sec. 20. Be it further enacted, That the Comptroller issue his warrant to Groomes, Cavit & Co., for five dollars and fifty cents, for repairing furniture. Sec. 21. Be it further enacted, That the Comptroller issue his warrant to W. T. Berry & Co., for one hundred and five dollars and one cent for stationery furnished for the use of the General Assembly. Sec. 22. Be it further enacted, That the Commission- ers elected by this Legislature to go to Washington and confer with Commissioners from other States, in relation to an adjustment of our political troubles, be allowed their traveling expenses to and from the place of meeting, from their respective homes, and eight dollars per day for every day they may be in attendance in said Conference ; and that the Comptroller issue his warrant to each one of them for such amounts as may be due thereon under the above act. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed February 1, 1861. 3 PRIVATE ACTS. CHAPTER 14. AN ACT to amend the Charter of the Bank of West Tennessee. Section 1. Be it further enacted by the G-eneral As- sembly of the State of Tennessee, That section 3d of the charter of the Bank of West Tennessee be so amended as to read, that for the due administration of the affairs of said Bank, there shall be twelve Directors, citizens of the State, who shall be elected annually at the Banking House in Memphis, (seven of whom shall reside in Shelby county) on the first Monday in March, by the stockholders. Sec. 2. Be it further enacted, That article 4th of sec- tion 12, read, not less than five Directors shall constitute a board for the transaction of business; and that so much of said several sections, as are in conflict with this enactment, be., and the same are hereby repealed. Sec. 3. Be it further enacted, That this act shall take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed January 16, 1861. CHAPTER 15. AN ACT incorporating a Military Department in Andrew College and the Memphis Arms Company. Section 1. Be it enacted by the G-eneral Assembly of the State of Tennessee, That the act incorporating Andrew College, be so amended as to authorize the Trustees of 36 Andrew College to establish and keep in operation a Mili- tary Department in said College. Sec. 2. Be it further enacted by the 'General Assembly of the State of Tennessee, That Cyrus Bradley, M. C. Galloway, Sam. P. Walker, A. H. Douglass, Marcus J. Wright, Preston Smith, Thomas Dyer, George H. Monsar- ratt, B. D. Nabors and W. II. Carroll, and such other per- sons as may become associated with them, be, and they are hereby created a body politic and corporate,1 under and by the name of the "Memphis Arms Company," and by that name shall sue and be sued, plead and be impleaded, make and use a common seal and alter the same at pleasure, and enjoy all the rights, powers, privileges and immunities inci- dent to corporations, which may be necessary to carry out the purposes of its incorporation, and may hold property, real and personal, for a term of years, for life, or in fee simple, necessary to the manufacture, sale and disposal of fire arms and other things connected with or appertaining to their incorporation. Sec. 3. That the capital stock of said company shall be two hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each.' Sec. 4. That there shall be elected by the stockholders of said incorporation a board of five Directors, which said board shall elect a Secretary, Treasurer and President of the board. Sec. 5. There shall be paid at the time of subscription, ten per cent, on the stock subscribed, and the remainder, at such time as the Board of Directors may determine, not to exceed ten per cent, in each ninety days. Sec. 6. The corporation herein are authorized, upon giving ten days' notice in some newspaper in Memphis, to open and hold an election for five Directors, to serve for one year ; said election to be held at such place in the city of Memphis as the corporators may appoint; and the Board of Directors to be elected yearly. Sec. 7. That the Memphis Arms Company hereby in- corporated, shall exist and have succession for fifty years. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed January 30, 1861. 37 CHAPTER 16. an ACT for the repeal of the 6th section of chapter 125 of an act passed 13th March, I860. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the sixth section of an act passed 13th of March, 1860, be, and the same is hereby repealed. Sec. 2. Be it further enacted, That the Chancery Court for Decatur county, at Decatursville, shall hereafter be held on the second Mondays in May and December, and the Chancery Court for Perry county, at Linden, shall hereafter be held on the second Thursdays in May and December. Sec. 3. Be it further enacted, That the Chancery Court at Taylorsville, Johnson county, after the holding of the next April term, shall be held on the third Mondays of April and October. Sec. 4. Be it further enacted That this act take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed January 31, 1861. CHAPTER 17. an act to amend an act passed 22d of March, 1860, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That in case of any mob, riot, in- vasion or insurrection, it shall be lawful for the Mayor of the city of Memphis, or the Sheriff of Shelby county, to Memphis, call out the 154th Regiment into service to aid in the sup- pression of such mob, insurrection, riot or invasion : Pro- vided, that the said city and county shall pay all expenses incurred for so doing. Sec. 2. Be it further enacted, That Field Officers of said Regiment, shall be one Colonel Commandant, one Lieutenant Colonel, and one Major; and all acts in con- flict with this section are repealed. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed January 31, 1861. 38 CHAPTER 18. AN ACT to incorporate the Memphis Light Dragoon Company. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Thomas H. Logwood, Cap- tain, and Charles McDonald, James L. Grant, and A. Woodard, Lieutenants, of Memphis Light Dragoon Com- pany, and their associates in the muster roll of said compa- ny be, and the same are hereby incorporated and consti- tuted a body politic, to be known as the " Memphis Light Dragoon Company," and by that name shall have succes- sion for fifty years, and a common seal to be altered or changed at pleasure; and as a body corporate shall have and enjoy legal rights and remedies in as full and ample degree as any similar corporation in this State. Sec. 2. Be it further enacted, That said corporation, their successors and associates by their name aforesaid, shall be capable in law of buying and selling, having and receiving and enjoying, land, tenements and hereditaments, of any and all kinds for life, or a term of years, and per- sonal property of every kind whatever, and sums of money to any amount tfiat may be given, granted, sold or bequeathed to them to erect buildings for an armory, purchase ground for erecting the same on, or anything else necessary and proper for their use, training and accommodation of said company. Sec. 3. Be it further enacted, That said company may pass and adopt such by-laws for their government as a ma- jority of them may think proper, not inconsistent with the laws of this State. Sec. 4. Be it further enacted, That they shall have power to increase their number not to exceed one hundred men. Sec. 5. Be it further enacted, That said company shall be independent of any other corps or divisions unless when called into active service, that then it should be the duty of the Governor to attach said company to some corps or divis- ion of the army in actual service. Sec. 6. Be it further enacted, That said company shall not be required to parade or drill under the militia laws of this State, save under the command of the officers and in the dress uniform of said company. Sec. 7. Be it further enacted, That the captain or com- manding officer of said company, shall have authority and power to collect (in his name for the use of the company,) under the laws and through any of the courts in this State, 39 any fines or penalties thkt may be imposed under and by virtue of tbe constitution and by-laws of said company. Sec. 8. Be it further enacted, That the property of said incorporation be exempt from all tax, and that the mem- bers thereof be exempt from jury duty while they are ac- tive members of said Company. Sec. 9. Be it further enacted, That the Captain and Lieutenants of said Company shall be commissioned by the Governor of this State, like those of other volunteer com- panies in the State. W. C. WHITTHORNE, Speaker of the House of Hepresentaives. TAZ. W. NEWMAN, Speaker of the Senate. Passed January 31, 1861. CHAPTER 19. AN ACT to incorporate the " Southern Savings Institute, the Greenville Savings Institute, and Southern Zinc Co." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That W. B. Ross, Henry Laird, Samuel Vance, C. H. Williams, W. P. Wilson, and Wil- liam Holms, their associates and successors, are hereby ere- ated and constituted a body politic and corporate, by the name and style of the " Southern Savings Institution of Memphis," and under that name and style, may sue and be sued, plead and be impleaded, and shall possess and en- joy all the rights and benefits, exercise all the privileges, and be subject to all the restrictions and penalties which are conferred and imposed upon the Desoto Savings Insti- tution of Memphis, Tennessee, according to act, passed March 20th, 1860. Sec. 2. Be it further enacted, That William M. Lowry, William West, and Sam Milligan, their associates and sue- cessors are hereby created and constituted a body politic and corporate by the name and style of the "Greenville Greenville insti• Savings Institute," and under that name and style may sue and be sued, plead and be impleaded, and shall possess and enjoy all the rights and benefits, exercise all the privileges, and be subject to all the restrictions and penalties which are conferred and imposed upon the " Desoto Savings Insti- tute" of Memphis, incorporated March 20th, 1860. Be it further ^enacted, That whenever fifty shares shall 40 have been subscribed, and one dollar per share paid there- on, the stockholders may meet and elect fire directors who shall be elected, and enter upon their duties, and said direc- tors shall elect one of their number to be President during their term of office, and that this act shall be in force from and after the date of its passage and shall remain in force twenty years. Sec. 3. Be it enacted by the G-eneral Assembly of the State of Tennessee, That John Wells Hanson, A. Snow- den Piggott, Samuel Smith, and their associates, successors and assigns, be, and they are hereby created a body politic and corporate, by the name and title of the " Southern zinc company, zinc Company," and by th^t name shall be known and have succession for fifty years, and shall have and enjoy all the privileges and immunities granted to the " Tennes- see Iron Company" and the "Tennessee Zinc Company," in an act passed February 18th, A. D., 1860, and approved March 7th, A. D., 1860, incorporating said companies. Sec. 4. Be it enacted, That this act take effect and be in force from and after its passage. Sec. 5. Be it enacted, That the Act incorporating the " Southern Savings Institution " shall be in full force from and after the date of its passage, and shall remain in full force thirty years. Sec. 6. Be it further enacted, That the stockholders' individually companies chartered by this act shall be individually liable li&blG • ••• • in their individual and private capacity for all the debts of said companies, and that said companies shall be subject to such General Laws as the Legislature may from time to time enact. W. C. WIPITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed February 1, 1861. CHAPTER 20. AN ACT to repeal the Charter of the Eayetteville and Alabama Turnpike Company, and for other purposes. Section 1. Be it enacted by the G-eneral Assembly of the State of Tennessee, That so much of an act, passed February 13th, 1860, granting a charter to the Fayette- 41 ville and Alabama Turnpike Company, be, and the same is hereby repealed. Sec. 2. Be it further enacted, That an act passed March 12th, 1860, which authorized Greene county to levy a tax for the purpose of keeping up the public roads in said county, be, and the same is hereby suspended, until the first day of January, 1862; and the County Court of said GM*liP!**5,a{sr- county shall not levy a tax for the purpose above stated, until after leaving the proposition, as provided in said act, to the people of said county, after the said first day of January, 1862. Sec. 3. Be it further enacted, That the city of Chick- asaw, in the county of Shelby, be made to include no other or further boundaries than the former corporation of Fort ChJctarawcst^ Pickering, as designated on the map of the city of Mem- phis, published by E. W. Rucker, in the year 1858. Sec. 4. Be it further enacted, That the first section of an act passed 20th of March, 1860, entitled, An act to charter the Grant White Lead and Oil Works, be amended white iie.ni-and so as to change the name of the company from Grant 0llworks- White Lead and Oil Works, to that of the Planters' White Lead and Oil Works; and that this act take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed February 2, 1861. CHAPTER 21. AN ACT to authorize certain Sheriffs to appoint Deputies. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Sheriffs of Hawkins, Shelby and Dyer counties, be, and they are hereby author- ized to appoint two additional deputies for said counties. Sec. 2. Be it further enacted, That the Sheriffs of Hamilton and Davidson counties, be, and they are hereby authorized to appoint one additional deputy for said coun- ties. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, ' Speaker of the Senate. Passed February 2, 1861. 42 CHAPTER 22. AN ACT to amend the Charter of the Gallatin and Cole's Jerry Turnpike Company* Section 1. Be it enacted by the (feneral Assembly of the State of Tennessee, That the act incorporating the Gallatin and Cole's Ferry Turnpike Company, passed 1853-4, be so amended as to authorize said Company to erect one gate for every five miles upon said road, and to erect the same at such points as the Company may see proper upon said road, so as not to have them within less than four miles of each other. This act to take effect from and after its passage. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed February 2, 1861. RESOLUTIONS. NUMBER 1. Joint Resolution for a Convention of the two Houses, to hear the addresses from the Ala- bamaand Mississippi Commissioners. Resolved by the General Assembly of the State of Ten- nessee, That the Senate and House of Representatives of the General Assembly of the State of Tennessee, meet in Convention in the Hall of the House of Representatives, to hear such communications and addresses as the Hon. L. P. Walker and Hon. Thos. J. Wharton, Commissioners of the States of Alabama and Mississippi, may desire to make on behalf of their respective States, at such time as said commissioners may indicate ; and that a committee of three on the part of the House, be appointed to notify them of the proceeding, and to tender them seats on the floor of -•the House. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 9, 1861. NUMBER 2. Joint Resolution directing the Treasurer to pay to Members and Officers their per diem. Resolved by the General Assembly oj the State of Ten- nessee, That the Treasurer be directed to pay the members and officers of the General Assembly, their per diem and mileage as it becomes due. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 11, 1861. 44 NUMBER 3. Joint Resolution directory to the Supervisor of Banks. Resolved by the General Assembly of the State of Ten- nessee,' That the Supervisor of Banks be requested to fur- nish to this General Assembly at his earliest convenience, his report as to the condition of the banks. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 12,1861. NUMBER 4. Joint Resolution raising a Committee of both Houses, to take into consideration certain portions of the Governor's Message. Be it resolved by the G-eneral Assembly of the State of, Tennessee, That a committee of nine be appointed by the Speaker of the House, to act with a committee of six on the part of the Senate, to which committee shall be re- ferred that portion of the Governor's Message in relation to the political condition of the country. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 14, 1861. NUMBER 5. . Joint Resolution raising a Committee of both Houses to take into consideration certain portions of the Governor's Message. Resolved by the General Assembly of the State of Ten- nessee, That a committee of five from the House, and 45 four on the part of the Senate, he appointed to consider such portions of the Governor's Message as refers to the Military Laws. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 14, 1861. NUMBER 6. JOINT RESOLUTION raising a Committee of both Houses, to take into consideration certain portions of the Governor's Message. Resolved by the G-eneral Assembly of the State of Ten- nessee, That that portion of the Governor's Message which relates to the pecuniary distress of the country, and the embarrassment of the people, be referred to a Joint Select Committee of both Houses of the General Assembly, to consist of one member of the House of Representatives from each Congressional District in the State, and six members on the part of the Senate. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 14, 1861. NUMBER 7. Resolved by the G-eneral Assembly of the State of Ten- nessee, That in view of the imminent danger of civil war, this Assembly, in behalf of the people of Tennessee, ask respectfully, on the one hand, of the President of the United States, and, on the other, of the authorities of each of the Southern States, to the end that if possible peace may yet be preserved; that they reciprocally com- municate assurances in response hereto to the General Assembly of Teitnessee, now in session; that the statu quo of all movements tending to coercion, collision, and concerning the forts and arsenals of the nation, shall on 46 either hand he strictly maintained for the present, except to repel any actual aggression. The Governor of this State he requested to communicate these resolutions, by telegraph, immediately to the Presi- dent of the United States, and to each of the Governors of the Southern States. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January ^.6, 1861. NUMBER 8. Joint Resolution requesting the Governor to make inquiry of the banks for the purpose of procuring a loan for the State. Resolved by the General Assembly of the State of Ten- nessee, That His Excellency the Governor be, and he is hereby requested and authorized to make inquiry of the different banks in the State, whether or not they are wil- ling to loan the State money in the present crisis of affairs; if so, how much, and upon what terms ? Sec. 2. That the Governor is requested to act as soon as possible, and inform this General Assembly at his ear- liest convenience. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 18,- 1861. NUMBER 9. Joint Resolution adopted by the Legislature of Tennessee in regard to coercion. Resolved by the General Assembly of the State of Ten- nessee, That this General Assembly has heard with pro- found regret of the resolutions recently adopted by the Legislature of the State of New York, tendering men and money to the President of the United States, to be used in 47 coercing certain sovereign States of the South into obedi- ence to the Federal Government. Resolved, That this General Assembly receives the action of the legislature of New "York as the indication of a purpose upon the part of the people of that State to further complicate existing difficulties, by forcing the peo- pie of the South to the extremity of submission or resist- ance; and so regarding it, the Governor of the State of Tennessee is hereby requested to inform the Executive of the State of New York, that it is the opinion of this Gen- eral Assembly that whenever the authorities of that State shall send armed forces to the South for the purpose indi- cated in said resolutions, the people of Tennessee, uniting with their brethren of the South, will, as one man, resist such invasion of the soil of the South at any hazard and to the last extremity. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 18, 1861. NUMBER 10. Joint Resolution to relieve J. W. Roberts, Tax Collector for Overton county. Resolved by the G-eneral Assembly of the State of Ten- nessee, That John W. Roberts, former Revenue Collector of Overton county, for the year 1859, is hereby released from all damages forfeited, and he is allowed the commis- sion forfeited on revenue collected and paid over for that year. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 19, 1861. 48 NUMBER 11. Joint Resolution directory to the Comptroller. Resolved by the G-eneral Assembly of the State of Ten- nessee, That the Comptroller be requested to furnish to the General Assembly a statement of the condition of the treasury of the State, showing its means to meet existing and current engagements, and whether any of the railroad companies of the State have failed to meet the January interest on their bonds, and should they fail to meet the next July interest, what means he has in the treasury to meet it. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 21, 1861. NUMBER 12. Joint Resolution, for the relief of Ed. Willis, of Wilson county, and others. Whereas, Edward Willis, Revenue Collector of Wilson county for the year 1859, failed to collect the State tax for that year, in consequence of a protracted attack of white swelling, resulting in the loss of a leg by amputation, and is now indebted to the State in near the sum of four thou- sand dollars, in consequence of said failure, and for the purpose of giving said Willis time to collect said tax; Be it resolved by the G-eneral Assembly of the State of Tennessee, That the Comptroller of the treasury be, and he is hereby directed to ascertain, by a settlement with said Edward Willis, the amount of taxes due and owing by him as Revenue Collector to the State. And that he take said Willis's notes for the amount, with simple inter- est, as ascertained to be owing, in two equal payments— one in twelve and eighteen months. Provided said Willis give two or more sureties of undoubted solvency, to be approved of by the Comptroller. Provided, also, said Ed. Willis shall be entitled to his commission. Be it resolved by the General Assembly of the State of Tennessee, That upon the payment of the public revenue 49 by J. C. Vaughn, in his hands, or for which he may he liable to the Comptroller, or other proper officer, the dam- ages which he has incurred for his failure in this behalf shall be released, and he shall also be entitled to his com- mission as if he had made no such default. Provided, said revenue be paid by the 1st of June, 1861. Resolved further, That James Jones, late Sheriff of Greene county, be released from the payment of six hun- dred and forty-six dollars and sixty cents, that being the Greenecounty amount of damages, at 12J per cent., recovered against him at June Term, 1860, of the Circuit Court of Greene county, for failing to pay over, at the time required by law, the State revenue for the year 1858. W, C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 21, 1861. NUMBER 13. Resolutions proposing amendments to the Constitution of the United States. Resolved hy the G-eneral Assembly of the State of Ten- nessee, That a Convention of delegates from all the slave- holding States should assemble at Nashville, Tennessee, or such other place as a majority of the States co-operat- ing may designate, on the fourth day of February, 1861, to digest and define a basis upon which, if possible, the Fed- eral Union and the Constitutional rights of the slave States may be perpetuated and preserved. Resolved, That the General Assembly of the State of Tennessee appoint a number of delegates to said Conven- tion, of our ablest and wisest men, equal to our whole del- egation in Congress; and that the Governor of Tenneseee immediately furnish copies of these resolutions to the Gov- ernors of the slaveholding States, and urge the participa- tion of such States in said Convention. Resolved, That in the opinion of this General Assembly, such plan of adjustment shall embrace the following propo- sitions as amendments to the Constitution of the United States. 1. A declaratory amendment that African slaves as held under the institutions of the slaveholding States, shall be recognized as property, and entitled to the status of 4 50 other property, in the States where slavery exists, in all places within the exclusive jurisdiction of Congress in the slave States* in all the Territories south of 36 deg. 30 min., in the District of Columbia, in transit and whilst tempera,- status of «iaves sojourning with the owner in the non-slavehoding States, and Territories north of 36 deg. 30 min., and when fugitives from the owner, in the several places above named, as well as in all places in the exclusive jurisdiction of Congress in the non-slaveholding States. 2. That in all the territory now owned, or which may be hereafter acquired by the United States, south of the parallel of 36 deg. 30 min., African slavery shall be re- cognized as existing, and be protected by all the depart- ments of the Federal and Territorial governments; and in all north of that line, now owned or to be acquired, it shall slavery in Terri- no^ recognized as existing ; and whenever States formed tjries. out of any of said territory south of said line, having a population equal to that of a Congressional District, shall apply for admission into the Union, the same shall be ad- mitted as slave States, whilst States north of the line, formed out of said territory, and having a population equal to a Congressional District, shall be admitted with- out slavery; but the States formed out of said territory north and south, having been admitted as members of the Union, shall have all the powers over the institution of slavery possessed bv the other States of the Union. 3. Congress shall have no power to abolish slavery in places under its exclusive jurisdiction, and situate within the limits of States that permit the holding of slaves. 4. Congress shall have no power to abolish slavery within the District of Columbia, as long as it exists in the adjoining States of Virginia and Maryland, or either, nor without the consent of the inhabitants, nor without just compensation made to such owners of slaves as do not con- himbil! °f C° sent t0 such abolishment. Nor shall Congress at any time prohibit officers of the Federal Government, or members of Congress, whose duties require them to be in said District, from bringing with them their slaves,,and holding them as such during the time their duties may require them to re- main there, and afterwards take them from the District. 5. Congress shall have no power to prohibit or hinder the transportation of slaves from one State to another, or the territory in which slaves are permitted by law to be held, whether that transportation be by land, navigable rivers, or by sea. 6. In addition to the Fugitive Slave clause, provide, that Fugitive Slaves, when a slave has been demanded of the Executive author- ity of the State to which he has fled, if he is not delivered, 51 and the owner permitted to carry him out of the State in peace, the State so failing to deliver shall pay to the owner the value of such slave, and such damages as he may have sustained in attempting to reclaim his slave, and secure his right of action in the Supreme Court of the United States, with execution against the property of such State and the individuals thereof. 7. No further amendment of the Constitution shall affect the six preceding articles, nor the third paragraph of the second section of the first article of the Constitution, nor the third paragraph of the second section of the fourth article of the Constitution; and no amendments shall be made to the Constitution which will authorize or give to Congress any power to abolish or interfere with slavery in any of the States by whose laws it is., or may be, al- lowed or permitted. 8. That slave property shall be rendered secure in tran- sit through, or whilst temporarily sojourning in, non-slave- holding States or Territories, or in the District of Columbia. 9. An amendment to the effect that all fugitives are to be deemed those offending the Jaws within the jurisdistion of the State, and who escape therefrom to other States; and that it is the duty of each State to suppress armed in- vasions of another State. Resolved, That said Convention of the slaveholding States having agreed upon a basis of adjustment satisfac- tory to themselves, should, in the opinion of this General Assembly, refer it to a Convention of all the States, slave- holding and non-slaveholding, in the manner following: It should invite all States friendly to such plan of ad- justment, to elect delegates in such manner to reflect the popular will, to assemble in a Constitutional Convention of all the States, North and South, to be held at Richmond, Yiginia, on the day of February, A861, to revise and perfect such plan of adjustment, for its reference for final ratification and adoption by a Convention of the States respectively. Resolved, That should a plan of adjustment satisfactory to the South not be acceded to by a requisite number of States to perfect amendments to the Constitution of the United States, it is the opinion of this General Assembly that the slaveholding States should adopt for themselves the Constitution of the United States, with such amendments as may be satisfactory to the slaveholding States, and that they should invite inlo the Union with them all the States in the North which are willing to abide such amended Con- stitution and frame of government, severing at once all connections with States refusing such reasonable guaran- 52 tees to our future safety; such renewed conditions of Fed- eral Union being first submitted for ratification to Conven- tions of all the States respectively. Resolved, That the Governor of the State of Tennessee furnish copies of these resolutions immediately to the Gov- ernors of the non-slaveholding States. W. C. WIIITTIIORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed January 22, 1861. NUMBER 14. Joint Resolution to elect delegates to the General Convention. Resolved by the General Assembly of the State of Ten- nessee, That the Senate meet the House of Representatives in Convention, in the Representatives' Hall, on Friday, the 25th instant, at ten minutes after 10 o'clock, A. M., for the purpose of electing delegates to the General Conven- tion of Southern States. Resolved, That the Commissioners to be appointed to a Southern Convention by this body, be authorized to meet delegates from the other States, on the 4th of February, as heretofore provided, or at such other time thereafter as may be agreed upon bv a majority of said States. W. C. WIIITTIIORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 23,1861. NUMBER 15. Joint Resolution for the relief of N. G. Phillips, of Carroll County. Whereas, N. G. Phillips, collector of the revenue of Carroll County, for the year 1858, failed to collect the State tax for that year in consequence of a protracted at- tack of a disease approximating pulmonary consumption, 53 and is now indebted to the State in near the sum of two thousand dollars; in consequence of said failure and for the purpose of giving said Phillips time to collect said tax, Be it resolved by the General Assembly of the State of Tennessee, That the Comptroller of the Treasury, be, and he is hereby directed to ascertain by a settlement with said Phillips, the amount of taxes due and owing by him as rev- enue collector^ the State, and that he take his, said Phil- lips' notes for the amount with simple interest, ascertained to be owing, in two equal payments, one in twelve and the other in eighteen months: Provided, the said Phillips give two or more sureties of undoubted solvency to be approved by the Comptroller. W. C. WIIITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 26,1861. NUMBER 16. Joint Resolution to adjourn sine die. Resolved by the General Assembly of the State of Ten- nessee, That the General Assembly adjourn sine die, on Monday, the 4th day of February, 1861, at 12 o'clock, M. W. C. WHITTIIORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 28, 1861. NUMBER IT. Joint Resolution for the relief of James R. Gardner. Be it resolved by the General Assembly of the State of Tennessee, That the Bank of Tennessee pay fifty dollars 54 to James R. Gardner, revenue collector for Obion County, for the year 1859, when he makes satisfactory proof that the same was lost by him by being blown into the fire, and that the same was bills on the bank of Tennessee. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 29, 1861. NUMBER 18. Joint Resolution. Resolved by the General Assembly of the State of Ten- nessee, That the Commissioners recently elected by the Legislature, be requested to repair to Washington City, in commissioners order to meet the commissioners from such slave States as greis!^6 C°a" may be represented in the Convention on the 4th day of February, or as soon thereafter as possible. And that the Governor inform them of the passage of this resolution at the very earliest moment: Provided, This shall not be so construed as to prevent our delegates from meeting ana conferring with delegates from non-slaveholding States, after they have met with delegates from slaveholding States, and come to the conclusion as to the course of policy to be pursued by the southern States there repre- S6ntr6(l W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 80, 1861. NUMBER 19. Joint Resolution. Resolved by the. General Assembly of the State of Ten- nessee, That the securities of C. Green, deceased, late 55 Tax Collector for Robertson county, have until the 15th October, 1861, to make their final settlement with the Comptroller of the State of Tennessee. W. C. WHITTHORNE, Speaker of ike House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted January 31, 1861. NUMBER 20. Joint Resolution. Resolved by the General Assembly of the State of Ten- ncssee, That the same number of the Acts and Journals of the proceedings of this General Assembly, be printed and distributed as provided in a joint resolution passed March 19, 1860, providing for the printing of Acts and Journals of that session of the Generally Assembly. W. C. WHITTHORNE, SpHtker of the House of Representatives. TAZ. W. NEWMAN, Sneaker of the Senate. Adopted January 31, 1861. NUMBER 21. Joint Resolution tendering the use of the State Capitol to the American Association for the Advancement of Science. Resolved by the General Assembly of the State of Ten- nessee, That the use of the State Capitol be tendered to the American Association for the Advancement of Science, which is to hold its fifteenth annual session in the city of Nashville, commencing on the 19th of April, 1861, as an evidence of the appreciation which the labors of so dis- tinguished a body of scientific men is held by the Legis- lature of Tennessee, and whom Ave should also delight to honor for their services in the cause of science. W. C. WHITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Adopted February 2, 1861. 56 NUMBER 22. Joint Resolution providing credentials for Delegates to the Southern Convention. Resolved by the General Assembly of the State of Ten- nessee, That the Governor of Tennessee furnish to the Delegates of Tennessee to the Southern Convention, cer- tified copies of the several resolutions on that subject, and officially notify said delegates of their election by the General Assembly of Tennessee as delegates, and said offi- cial notice by the Governor shall constitute the credentials of said delegates to said conference. W. C. WHITTIIORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate.' Adopted February 2, 1861. NUMBER 23. Resolved by the General Assembly of the State of Ten- nessee, That the Senate and House Journals of the pre- sent session of this General Assembly be published and bound in one volume. W. C. WHITTIIORNE, Speaker of the House of Represenatives. TAZ. W. NEWMAN, ■ f-peaker of the Senate. Passed February 2, 1861. MILITIA LAW. CHAPTER 1. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the white male inhabitants of this Exempt. State between the age of eighteen and forty-five shall com- pose the militia thereof: Provided, that the judges of the supreme, chancery and circuit courts, the clerks of any court of record, Secretary of State, Comptroller, State and county treasurers, acting justices of the peace, sheriffs, or- dained ministers of the gospel, postmasters and carriers of the mail, public ferry-keepers, jailors, keepers of grist-mills and toll-gates, and .the commissioners of common schools, and all persons now exempt by law, shall be exempt from military duty except in cases of invasion or insurrection; provided, that persons belonging to any religious denomi- nation whose tenets are opposed to the bearing of arms shall be exempted from attending any muster, but in time of war shall be liable to be drafted as other citizens, and in case of failure, shall be liable to the same penalties. Sec. 2. The militia residing in each of the companies officers of com- that have been heretofore laid off, or may hereafter be laid i)anies- off in the several counties in this State, shall be comman- ded by one captain, one first and one second lieutenant and one ensign, three corporals and three sergeants, to be elected by those in each company liable to perform military duty, and to hold their offices five years and until their sue- cessors shall be elected, unless, upon good cause shown to the commandant of the regiment in writing, they are by him per- mitted sooner to resign; and the field officers of each regiment may meet together and make any division of their regiments 58 and battalions into companies, by establishing the civil dis- tricts as companies, or dividing districts, establishingthe old boundaries of companies by forming them of the fractional parts of civil districts, or in any other manner best caleu- lated to suit the convenience of the people: Provided, that the number of each company shall not be less than forty- five privates, and they shall also designate the places for holding company musters. Sec. -3. The election for company officers under this act Elections. shall be held by the constable of each district, and if there should be two companies in a district, he shall deputise some other person to hold one of them, at the place designated to hold company musters, or at some other convenient place within the bounds of said company, after giving at least tens' day public notice of the place and time; and when a vacancy occurs in any of said company offices, by expiration of time, removal out of the company, or absence from the same one year, at any one time, death or resignation, or any other cause, the commandant of the regiment shall issue his writ of election to the constable of the district, who shall immediately advertise the same at four of the most public places in the company, one of which shall be at the compa- nv muster ground, and if the muster ground shall not be suitable for holding such election, one at the place where the election is to be held, tha.t he will hold an election to fill said vacancy, and shall advertise at least ten days before the day on which said election is held : Provided, that ser- gcants and corporals may be elected on any muster day under the direction of the captain, without previous notice, by the militia who are present. Sec. 4. The constable holding an election for company liolT* °f e!ec °fficers shall appoint three persons of good character to act as judges, one of whom may perform the duties of clerk, or they may select any other person to act as clerk; the polls shall be opened at eleven o'clock and closed at three the same day ; the judges and constable shall certify to the commandant of the regiment the number of votes givep for each candidate, and if two or more shall receive the same and. the highest number of votes, the commandant shall decide the contest; and if any one shall have a higher number of votes than his competitors, he shall be declared to be elected, and the commandant of the regiment shall certify the result of the election to the Governor, by whom they shall be commissioned ; but the said elections shall not be certified to the Governor until after the expiration of five days from the time the return is received by the com- mandant, during which time any opposing candidate shall contestmg eiec- paYe ^ priviiege 0f contesting the election, by filing his 59 reason on oath with the commandant, whose duty it shall he to call a court martial to determine said contested elec- tion; and if it shall appear to the satisfaction of said court that the person whose election shall have been contested did receive a number of illegal votes, which, when deducted, would give a majority of legal votes to any other candi- date, then said court shall report to the returning officer in favor of the candidate having the greatest number of legal votes, and the Governor shall commission him accordingly ; Commission. and in all cases of illegal proceedings the election shall be declared void, and the court shall order the proper officer to issue a writ of election to fill the vacancy, giving legal notice of the time and place; and if the party contesting such election shall fail to establish his charge or cause of contest, in that case the court shall report to the returning officer in favor of the person whose election was contested, who shall be commissioned by the Governor : Provided al- ways, that either party shall have the right to appeal from the decision of any court martial in which they may think themselves aggrieved; the court martial when called shall Court Martial* consist of at least twelve members, two of whom shall be captains, where a mojor or lieutenant colonel shall preside, and shall be conducted as other regimental courts martial. Sec. 5. There shall be two company musters held in each company mm- year, one on the Saturday preceding the battalion muster era' in each battalion, and one on the Satuarday preceding the regimental muster in each regiment; the musters shall be held at the places designated by the field officers until al- tered by a vote of the majority of the company to some other place in the bound of the company. Sec. 6. Be it enacted, That there shall be a battalion Battalion m*«- muster in each battalion of this State in the month of April ters- in each and every year; the first battalion in the regiment first in number of each county shall hold a muster on the first Friday in April, the second battalion on the next dav and the third battalion, if there shall be three in any regi- ment, on the next Thursday ; and the first battalion in the regiment next in number, if there should be two regiments in the county, on the second Friday in April, and the sec- ond battalion on the next day; and the first battalion in the regiment next in number in the county, if there should be three regiments therein, on the third Friday in April, and the second battalion on the next day; and the first battalion of the regiment next in number in the county, if there should be four regiments therein, on the fourth Friday in April, and the second battalion on the next day; and the first battalion in the regiment next in number in the coun- ty, if there should be five regiments therein, on the Friday 60 following, and the second battalion on the next day ; Provi- ded, the regimental court martial in each regiment shall have power to exempt any company from attending regi- mental and battalion musters, two-thirds of all the officers voting in the affirmative. Sec. 7. It shall be the duty of the field officers in the Ientre»a.cersof county of Fentress to attend at the first battalion muster ground on the Saturday before the regimental muster and muster that battalion, and they shall be excused from at- tending the regimental muster. r*< Sec. 8. The places of holding battalion and regimental Removal of mus- musters shall not be changed or removed but by a vote of ter places. . . , „ ° ^ two-thirds ot the officers present at a regimental court mar- tial; and it shall be the duty of the field officer's, if the con- venience of the-militia requires it, to divide their regiment into three battalions, in which case the third battalion shall be commanded by the lieutenant colonel, the first by the first major, and the second by the second major. Sec. 9. The militia of the county of Johnson, shall Regiments. compose the 1st regiment; the county of Carter the 2d ; the county of Sullivan the 3d and 4th; the county of Wash- ington the 5th and 6th; the county of Greene the 7th and 8th; the county of Hawkins the 9th, 10th and 11th ; the county of Cocke the 12th; the county of Jefferson the 13th and 14th ; the county of Grainger the 15th and 16th ; the county of Claiborne the 17th and 18 th ; the county of Sevier the 19th; the county of Blount the 20th and 21st; the county of Knox the 22d and 23d; the county of Anderson the 24th; the county of Campbell the 25th ; the county of Monroe the 26th and 27th ;- the county Roane the 28th and 29th; the county of Morgan the 30th ; the county of M'Minn the 31st, 32d and 33d; the county of Meigs the 34th ; the county of Rhea the 35th ; the county of Bledsoe the 36th ; the county of Hamilton the 37th; the county of Marion the 38th ; the county of Franklin the 39th, 40th and 41st; the county of Warren the 42d and 43d ; the county of White the 44th and 45th; the county of Fentress the 46th; the county of Overton the 47th and 48th; thecoun- tv of Jackson the 49th and 50th ; the county of Smith the 51st, 52d and 53d ; the county of Sumner the 54th, 55th and 56th ; the county of Wilson the 57th, 58th, 59th, 60th and 138th; the county of Rutherford the 61st, 62d, 6^d and 64th ; the county of Bedford the 65th, 66th, 67th and 139th; the county of Coffee the 68th; the county of Cannon the 69th ; the county of Liucoln the 70th, 71st, 72d, 73d and 151st; the county of Giles the 74th, 75th and 76th; the county of Maury the 77th, 78th, 79tb, 80th and 142d ; the county of Williamson the 81st, 82d, 83d and 84th; the 61 county of Davidson the 85th, 86th, 87th, and 88th; the county of Robertson the 89th and 90th; the county of Montgomery the 91st and 92 ; the county of Stewart the 9-3d and 94th ; the county of Humphreys the 95th; the county of Dickson the 96th; the county of Hickman the 97th and 98th ; the county of Perry the 99th and 100th ; the county of Wayne the 101st and 102d; the county of Lawrence the 103d and 104t.h; the county of Hardin the 105th and 106th ; the county of M'Nairy the 107th and 108th ; the county of Henderson the 109th and 110th ; the county of Carroll the 111th and 112th ; the county of Ben- ton the 113th; the county of Henry the 114th and 115th; the county of Weakley the 117th and 118th; the county of Gibson the 119th, 120th, 149th and 150th; the county of Madison the 121st, 122d and 123d; the county of Harde- man the 124th and 125th; the county of Fayette the 126th and 127th; the county of Shelby the 128th and 129th; the county of Tipton the 130th and 131st; the county of Hay- wood the 116th, 132d and 133d; the county of Lauderdale the 134th and 135th; the county of Obion the 136th; the county of Dyer the 137th; the county of Marshall 140th, 143d, and 147th; the county of DeKalb the 141st; the county of Bradley the 144th and 148th; the county of Van Buren the 145th; the county of Powell the 146th, and the county of Polk the 152d. Sec. 10. Be it enacted, That there shall be a regimen- tal muster held in each regiment in this State in the month of October, in each and every year, as follows, excopt in such regiments as are otherwise provided for by this act, to wit: the regiment first in number in each brigade shall hold a muster on the first Thursday in October, and the re- giment next in number in said brigade on the next day, and so on in the regular order of their number, mustering every day (Sunday excepted) until all the regiments in each brigade are through. Sec. 11. Be it enacted, That the regimental musters in Fir8t bri„ade> the first brigade shall be held in each and every year, as follows: in the first regiment in the county of Johnson on the Thursday preceding the first Monday in October; in the second regiment in the county of Carter on the next Saturday ; in the third regiment in the county of Sullivan on the Tuesday after the first Monday in October ; in the fourth regiment in the same county on Wednesday the next day; in the fifth regiment in the county of Washington on the next Friday; and in the sixth regiment in the same county on-Saturday the next day. Sec. 12. Beit enacted, That the regimental musters in the second brigade shall be held in each and every year, as Second brigade. 62 follows: in the seventh regiment in the county of Greene on the second Monday in October; in the eighth regiment in the same county on Tuesday the next day; in the twelfth regiment in the county of Cocke on Wednesday the next day; in the thirteenth regiment in the county of Jefferson on Thursday the next day; and in the fourteenth regiment in the same county on Friday the next day. Sec. 13. Be it enacted, That the regimental musters in Third brigade. ^}ie third brigade shall be held in each and every year, as follows: in the one hundred and forty-sixth regiment in the county of Powell on the first Monday in October; in the ninth regiment in the county of Hawkins on Tuesday the next day; in the tenth regiment in the same county on Wed- nesday the next day; in the eleventh regiment in the same county on Thursday the next day; in the fifteenth regi- ment in the county of Grainger on Friday the next day; and in the sixth regiment in the same county on Saturday the next day. Sec. 14. Be it enacted, That the regimental musters in the fourth brigade shall be held in each and every year, as Fourth brigade. f0i}0WS: in the seventeenth regiment in the county of Clai- borne on the second Monday in October; in the eighteenth regiment in the same county on Tuesday the next day; in the twenty-fifth regiment in the county of Campbell on the next Thursday; in the twenty-fourth regiment in the county of Anderson on Friday the next day; in the thirtieth regi- ment in the county of Morgan on Saturday the next day. Sec. 15. Be it enacted, That the regimental musters in FUth brigade ^ie brigade shall be held in each and every year, as follows: in the nineteenth regiment in the county of Sevier on the Saturday immediately preceding the first Monday in October; in the twenty-second regiment in the county of Knox on the Wednesday after the first Monday in October; in the twenty-third regiment in the same county on Thurs- day the next day; in the twentieth regiment in the county of Blount on Friday the next day; and in the twenty first regiment in the same county on Saturday the next day. Sec. Id. Be it enacted, That the regimental musters in gnth brigade, the sixth brigade shall be held in each and every year, as follows: in the twenty-sixth regiment in the county of Mon- roe on the second Monday in October; in the twenty-se- venth regiment in the same county on Thursday the next day; in the twenty-eighth regiment in the county of Roane on the next Thursday; in the twenty-ninth regiment in the same county on Friday the next day in the thirty-first re- giment in the county of M'Minn on the third Monday in October; in the thirty-third regiment in the same county on Tuesday the next day; in the thirty-second regiment in the 63 same county on Wednesday the next day; in the one Inmd- red and fifty-second regiment in the county of Polk on Thursday the next day; in the one hundred and forty-eighth regiment in the county of Bradley on Friday the next day; and in the one hundred and forty-fourth regiment in the same county on Saturday the next day. Sec. 17. Be it enacted, That the regimental musters in seventh t>ri- the seventh brigade shall be held in each and every year, sade' as follows: in the thirty-fourth regiment in the county of Meigs on the Tuesday after the first Monday in October; in the thirty-fifth regiment in the county of Hhea on Wed- nesday the next day; in the thirty-sixth regiment in the county of Bledsoe on Thursday the next day ; in the thir- ty-eighth regiment in the county of Marion on the next Saturday; and the thirty-seventh regiment in the county of Hamilton on the next succeeding Tuesday. Sec. 18. Be it enacted, That the regimental musters in Twelfth h - the twelfth brigade shall be held in each and every year, as bade, follows; the seventy-eighth regiment in the county of Mau- ry on the Monday after the second Friday in September; the seventy-seventh regiment in the same county on Tues- day the next day; the one hundred and forty-second regi- ment in the same county on Wednesday the next day ; the seventy-ninth regiment in the same county on Thursday the next day; the eightieth regiment in the same county on Friday the next day; the one hundred and fortieth regi- ment in Marshall county on Saturday the next day ; the one hundred and forty seventh regiment in the same county on the Monday following; the one hundred and forty-third re- giment in the same county on Tuesday the next day; the one hundred and thirty-ninth regiment in the county of Bedford on Wednesday the next day; the sixty-sixth regi- ment in the same county on Thursday the next day; the sixty-fifth regiment in the same county on Friday the next day; and the sixty-seventh regiment in the same county on Saturday the next day. Sec. 19. Be it enacted, That the regimental musters in ®ajgenth 1)ri the eleventh brigade shall be held in each and every year, as follows ; in the seventieth regiment in the county of Lin- coin on the third Tuesday in September; in the seventy- first regiment in the same county on Wednesday the next day ; in the one hundred and fifty-first regiment in the same county on Thursday the next day; the seventy-second re- giment in the same county on Friday the next day; the seventy-third regiment in the same county on Saturday the next day ; the seventy-fourth regiment in the county of Giles on the Monday following ; the seventy-fifth regiment in the same county on Tuesday the next day; and the sev- 64 enty-sixth regiment in the same county on Wednesday the next day. Sec. 20. Be it enacted, That the times of holding regi- mental musters in the fifteenth brigade shall be as follows ; the ninety first regiment in Montgomery county on the first Thursday in October; the ninety-second regiment on the following Saturday; the ninety-third regiment in Stewart county on the following Wednesday; the ninety-fourth re- gunent on the next day ; the ninety-fifth regiment in Hum- phreys county on the following Saturday ; and the ninety- fourth regiment on the next Saturday. Sec. 21. Be it enacted, That the regimental musters for the seventeenth brigade shall be held as follows, to wit: for the county of Hickman on the first Friday and Saturday in October; for the county of Wayne on the next Friday and Saturday; for the county of Hardin on the next Friday and Saturdaw; for the county of Lawrence on the nextFriday and Saturday. The regiment highest in number shall muster first. Sec. 22. Be it enacted, That the regimental musters, Ninth brigade. an(^ the company musters preceding the regimental mus- ters in the ninth brigade, shall be held as follows: each com- pany shall hold a muster on the third Saturday in Septem- ber in each and every year; the regimental muster in the fifty-first regiment shall be held on the fourth Tuesday in September; the fifty-second on the succeeding day; the fif- ty-third on Thursday the next day; the fifty-seventh on the Saturday following; the fifty-eighth on the next Tuesday; the fifty-ninth on the Thursday following; the fortieth on the succeeding Saturday; and the one hundred and thirty- eighth on the next Saturday. Sec. 23. Each of the regiments in this State shall be mentT °f resi commanded by one colonel commandant, one lieutenant co- lonel, one first and one second major, who shall be commis- sioned by the Governor and hold their offices six years from their election, and shall not sooner resign without good cause shown in writing to the brigadier general, and by him approved and filed. In the election of fieM officers all per- over's? °f fleld sons liable to perform military duty in the bounds of the re- giment shall be entitled to vote; butimajors shall be elected by the militia of each battalion, and shall reside in and command the same; and when any of the field offices shall vacancies. become vacant by the expiration of the term of service, re- moval out of the regiment or battalion, resignation, death, or absence from the regiment or battalion one whole year at any one time, or from any other cause, on application of any person in the regiment or battalion, as the case maybe, and he being satisfied of the fact, the brigadier general of the brigade to which such regiment or battalion is attached, Fifteenth bri- grade. Seventeenth brigade. 65 shall issue his writ of election to the sheriff of the county in which said vacancy has occurred, commanding him to open and hold an election at the different places of holding county elections in the regiment or battalion to fill such va- cancy. The constable of each district, or such other person Con • , i • i p ■ v. • mandants ot companies to discharge any person from militia duty, upon his producing an affidavit from some justice of the peace within the county that he believes he is forty-five years of age. The residence of every militia man in the State shall be considered to be at the place where he has lodging. Sec. 57. Be it enacted, That the commandants of com- Annual company panies shall make the annual company returns on or be- fore the battalion musters in each and every year, agreea- bly to the forms hereto annexed, in which shall be expressed the military strength, arms, &c., and deliver the same to the adjutant or commandant of the battalion. Sec. 58. Be it enacted, That the commandants of regi- ments shall cause their adjutants to make out from their 75 company returns on or before the first clay of May. in eacb year, two regimental returns, agreeably to forms hereafter Colonel's duty. presented, and lay the same before the commandant of the regiment for his examination; and it shall be the duty of said commandants, after signing said returns, to cause their adjutants to forward one of said returns to the brigade major on or before the loth day of May, in each and every year, and the other shall be kept by said commandants for the use of the regiment. Sec. 59. Be it enacted, That it shall be the duty of the . , . . . . , . i n • i Duty of brigad brigade majors to maice out, from the regimental returns, majors, two brigade returns, on or before the first day in July, in each year, agreeably to the forms hereto annexed, and lay the same before the brigadier general for his examination; and it shall be the duty of the brigadier general, after signing said returns, to forward one of said returns to the assistant adjutant general, on or before the first day of August, in each and every year. Sec. 60. Be it enacted, That it shall be the duty of the major generals to cause their assistant adjutant generals to genenas™^01' make out, from the brigade returns, two forms of division returns agreeably to forms hereto annexed, and lay the same before him on or before the first day of September, in each year, for his examination and signature, one of which the assistant adjutant general shall forward to [the] adju- tant general's office on or before the loth day of Septem- ber, in each year; and it shall be the duty of the adjutants of regiments, brigade majors and assistant adjutant gene- rals, when any officer shall refuse or neglect to make return, as by this act required, to give notice thereof to his com- manding officer of his regiment, brigade or division, as the case may be, whose duty it shall be" to order a court of in- quiry within fifteen days, if for the trial of a captain or regimental staff", if field, brigade, or division officer or staff", within thirty days; and it shall be the duty of the officer ordering said court to give to the officer or officers failing, as aforesaid, at least fifteen days notice of the time and place of such court, and a copy of the charge or charges in writing, exhibited against him; and said officer so charged, unless good cause shown to the satisfaction of said court, shall be fined in a sum hereafter directed, sub- ject,'notwithstanding, to appeal, as in other cases. Sec. 61. Be it enacted, That if any non-commissioned officer or private shall behave himself disobediently or mu- DlS0ljedlcnce- tinously, when on duty or parade, or before any court di- reeted by this act, the commanding officers of said court may confine him during said parade, or during the setting of said court, and he may be fined by a court martial in 76 any sum not under five nor more than ten dollars, to be collected as other fines under this act; and if any by- stander shall attempt to insult or molest any officer or sol- dier while on duty, or shall be guilty of like conduct be- fore any court, the commanding officer, or such court, may inflict similar punishment on any person or persons so offending. captain's duty. Sec. 62. Be it enacted, That it shall be the duty of the commanding officers of companies to make out a fair roster of his company, placing all those who have not served a tour of duty on the lowest number; and when a detail is made on the company, the captain shall draft the number required from the whole who have not served a tour of duty; and when any person shall arrive at the age of eigh- teen years, it shall be the duty of the captain to give such person at least three days' notice of the time and place of holding his next muster, who shall be enrolled in the first or second class, to be determined by lot; and when any person shall move into the bounds of any company, he shall, within ten days, if a citizen of this State, if a citizen of another State, within thirty days, produce a certificate from the captain in the bounds he formerly belonged, showing whether he had served a tour of duty or not; and in case he should fail to produce such certificate, the officer shall place him first for service. duty of fleia of- Sec. 63. Be it enacted, That it shall be the duty of the fieers. ge|q 0fficers 0f each regiment to settle with the judge advo- cate at least once in every year, which settlement shall be made preceding the courts martial, and signed by them- selves, and recorded in the judge advocate's books, and shall be laid before each court martial, and subject to the inspection of the officers composing said court martial; the money collected and funds in hands of the judge advocate shall be drawn by order of a regimental court martial, for the following purposes, viz: for the purchase of regimental and battalion standards, drums, fifes, &c., and for furnish- ing each company with a drum, fife, and standard; all of which orders shall be filed and preserved by the judge ad- vocate, as vouchers in his annual settlement: Provided, That the judge advocate shall retain in his hands six per cent., as a commission, to be deducted out of all monies so paid out. . Duty of drum SEC* 64. Be it enacted, That it shall be the duty of the and fife majors, drum and fife majors to attend the regimental and battalion musters, and the drill parades in the regiment, and shall be allowed the sum of one dollar per day, out of any money in the hands of the judge advocate not otherwise appro- printed. 77 sec. 65. Be it enacted, That it shall he the duty of the Adjutant's duty! adjutant of each regiment to attend the several regimental and battalion musters and the drill parades, and there at- tend to his duty, as heretofore directed, for which service he shall receive the sum of one dollar and fifty cents per day, out of any money in the hands of the judge advocate not otherwise appropriated. Sec- 66. Be it enacted, That it shall be the duty of com- exercise on mus- mandants of regiments and battalions, to exercise their terdays- regiments and battalions on the muster days; and when they may be present at any company muster, they may su- perintend the exercise [if] they think proper. sec. 67. Be it enacted, That it shall be the duty of lieu- lieutenants and tenants and ensigns to assist in the exercise and discipline enslsns' of their companies, and report every default and disobedi- ence in the government and exercise thereof. All officers of every grade, shall implicitly obey the lawful orders of their superiors ; and in case of absence, death or inability of any officer, the next in rank shall take command, and discharge all the duty required by this act of his superior, during such vacancy, absence or inability. Sec. 68. Be it enacted, That the officers of each regi- annual courts rricvrtiftl. ment shall hold a court martial on the fourth Thursday of November annually, and the succeeding days if necessary, at the place of holding regimental musters, to consist of at least seven members ; the senior officer, or officer highest in grade, to be president of said court, and the court shall be sworn to do their duty, by the judge advocate of the regi- ment. The court thus organized, shall have power to in- quire into the abilities of those brought before them, and exempt such as may be judged incapable of duty, and to receive all returns of delinquencies made by officers; to hear and determine all neglects or omissions of duty, as well by officers, non-commissioned officers and privates ; to hear and determine all appeals that may be taken by offi- cers, non-commissioned officers or privates who may [think] themselves aggrieved by any sentence or decree of any battalion or company court martial; and order and dispose of all fines and forfeitures arising under this act, unless otherwise disbursed by law ; and it shall be the duty of all officers to attend their regimental or battalion courts mar- tial; each battalion shall hold a battalion court martial at the place of holding battalion musters. The first battalion shall hold court martial on the first Thursday in June, and the second battalion on the second Thursday in June, and the third battalion on the Saturday succeeding the first Thursday in June, annually, "which court shall consist of at least five members, and in case the major commanding 78 should fail to attend and preside, the senior officer highest in rank present, shall preside in said court martial, and at wlrch courts martial the judge advocate of the regiment shall attend; and said court shall he conducted by the same rules, regulations and restrictions as regimental courts martial, reserving to any person who may think himself aggrieved by the sentence of said court, the right of appeal to the next regimental court martial, whose duty it shall be to hear and determine on all appeals brought before them. executions for Sec. 69. Be it enacted, That within twenty days after fines' the rise of any court martial it shall be the duty of the judge advocate to issue executions against all persons on whom a fine has been assessed by such court, or who has been fined and returned by a company court martial. Sec. 70. Be it enacted, That any person on whom a Eight of appeal. gne may pc assessed by virtue of this act shall have the right of appeal before such execution issues : Provided, he will show to the satisfaction of the judge advocate that such appeal should be granted, or the commanding officer of his regiment, whose order shall be a good voucher to the judge advocate for suspending such execution; and it shall be the duty of the commandants of companies to cause to be notified all persons under their command on whom a fine has been assessed within twenty days after the rise of the court martial at which such fine was assessed. Division of regi- Sec. 71. Be it enacted, That where any regiment shall en s' consist of sixteen companies, exclusive of volunteer com- panics, and the commandant thereof fails or refuses to di- vide the same and make two distinct regiments, it shall be the duty of the brigadier general to cause such regiment to be divided, and when done, to issue his writ to fill va- cancies as in other cases. eights of voiun- Sec. 72. Be it enacted, That nothing in this act shall be teers' so construed as to affect the right of volunteer companies whose rights have been secured to them by special act of Assembly, Officers of courts, gEC, 73, {f, enacted, That there shall be a judge advocate and provost martial appointed by the Governor, major general or brigadier general, as the case may be, to the several courts hereafter ordered. The judge advocate shall take and keep safely a true statement of all proceed- ings, whether pleas, evidence or defence, made before a court martial, a fair copy of which, after being signed by the president, shall be delivered to the Governor, major general or brigadier general, as the case may be, within twenty days after their adjournment, and prosecute for the 79 State; the provost martial shall attend and execute the orders of the court. Sec. 74. Bc.it enacted, That the courts martial shall he ordered for the trial of all officers for neglect of duty, dis- Disobedience of obedience of orders, or disorderly or ungentlernanly belia- orders- vior ; and it is hereby made the duty of all officers to cause to be ;ii rested and brought to trial all subordinate officers under their command who may be guilty of a violation of this act. Sec. 75. Be it enacted, That general courts martial shall general courts be ordered by the Governor when he may think it neces- maitl'u" sary, where a major general shall preside, if convenient; if not, a brigadier, and be composed of twelve additional members, two of whom, at least, shall be brigadiers, and the others field officers. Sec. 76. Be it enacted, That division courts martial P^ion courts shall be ordered by the major general, when necessary, where a brigadier general shall preside, and be composed of twelve additional members, two of whom, at least, shall be colonels, and the ofixers field officers. Sec. 77. Be it enacted, That brigade courts martial bh gade courts shall be ordered at the discretion of the brigadier general, martial- where a colonel shall preside, and consist of twelve addi- tional members, two of whom, at least, shall be field offi- cers, and the others not under the grade of captain. Sec. 78. Be it enacted, That regimental courts martial regimental . , i t • ° f courts martial. shall be appointed at the discretion ot the colonel, where a major or lieutenant colonel shall preside, and be com- posed of twelve additional members, two of whom shall be captains. Sec. 79. Be it enacted., That in all courts martial, trials: whether general, division, brigade or regimental, when the full number of officers summoned shall fail to attend, the court shall proceed to the trial: Provided, a majority of the officers summoned are present. The president or any member may be challenged on good cause shown to the satisfaction of the court. The decision of any of the courts martial ordered under the authority of this act, shall he approved or disapproved by the officers ordering the same ; and in case the sentence is disapproved, he shall return the proceedings to the president of the court, with his objections, within twenty days, "who shall again con- vene the court and reconsider the same; and thereupon, if they adhere to their foimer opinion, the sentence shall stand confirmed, and the officer ordering said court shall dissolve said court and publish the sentence thereof, sub- ject, however, to an appeal to the officer next in rank ; and in case of a division court martial, to the Governor, for the 80 final affirmance or reversal: Provided, that the sentence of no court martial shall be reversed or set aside for the ■want of any formality. Sec. 80. Be it enacted, That in general courts martial Gradesi none shall he tried below the grade of a general officer, or the adjutant or the quarter master general; in division courts martial, none shall be tried below the grade of afield officer or division stalf; in a brigade court martial, none shall be tried below the grade of a field officer or brigade staff or a captain, on good cause shown; in regimental courts martial, all officers below the grade of field officers shall be tried, and regimental staff officers. Proceedings of Sec. 81. Be it enacted, That when either of the courts couits maitiai. jjerejn directed to be organized is convened, the president thereof shall administer to the judge advocate thereof the following oath : "You do solemnly swear, or affirm, that you will truly and faithfully execute the office of judge advocate to this court, so long as you remain in office, to the best of your ability, and according to the laws of this State and of the United States, and that you "will not, when secrecy is re- quired, disclose or discover the sentence of said court, un- less to the commanding officer, until he has approved or dis- approved thereof; nor will you disclose or discover the sen- tence or opinion of any particular member of said court,, unless required to give evidence in a court of justice." The judge advocate shall then proceed to qualify the president and members of said court, by administering to them the following oath: You, and each of you, do swear, or affirm, that you will ■well and truly try and determine, according to law and ev^r dence, between the State of Tennessee and the officer to he tried, and you will not discover the sentence of this court martial when secrecy is required, until the same is made known by proper authority, nor will you disclose or discov- er the opinion of any particular member of this court, un- less required to give evidence in a court of justice." The proceedings of the court shall he correctly taken down by the judge advocate until the trial is finished, when a complete record off the trial and sentence shall be signed by the president, and the court adjourned sine die; and up- on the disclosure of the sentence of any court martial, any person may, according to the direction of this act, appeal therefrom, by filing a written notice with the officer to whom the appeal is made, at any time before the expiration of twenty days, whose duty it shall be to order up before him the proceedings of such court for final decision, which shall be given within thirty days thereafter. 81 Sec. 82. Beit enacted, That when an y person may have f^nsfcommis- cause of complaint against any commissioned officer, lie sfoned oncers, shall lodge with the Governor, major general, brigadier gen- eral or commandant of a regiment, as the case may be, the charges, certified in form, and make oath before some jus- tice of the peace that such charges are true to the best of their knowledge and belief, and thereupon an arrest or in- quiry shall be awarded; within twenty days thereafter the court martial shall be ordered, and the officer arrested shall have at least fifteen days notice thereof, as well as a copy of the charges exhibited against him. If it should appear to said court, when convened, that, from the absence of wit- nesses or any other cause, a fair and impartial trial cannot be had, they may adjourn to some further day: Provided, the time shall nor exceed three months. Sec. 83. Be it enacted, That the commandants of regi- Authority of com- ments are hereby authorized and directed to call courts ^ments.ts °f re" martial or courts of inquiry at any time when they may ~ think it necessary, to try persons failing to do their duty, or delinquents of any kind, or persons failing to perform a tour of duty when called on, or for the tial of any non- commissioned officer, musician or private, who may desert from the service; or to excuse any person disabled, or for other causes, from doing militia duty during their disability. Sec. 81. Be it enacted, That it shall be the duty of each major general to receive from the adjutant general co- re' pies of requisitions of men made by the government on his division, and shall, without delay, make a detail on the brigades in his division, agreeably to the returns made by the assistant adjutant general, and shall issue his orders to the brigadiers accordingly. Whenever the major general may choose, he may attend at any muster or review what- ever, and give any orders for the discipline of the troops he may deem expedient. Sec. 85. Be it enacted, That it shall be the duty of the brigadier general to receive from the adjutant general, or major general, copies of requisitions made on his brigades. and shall make a detail on the regiments in his brigade; agreeably to the returns made by the adjutants of regiments, and give orders to the commandants of regiments accord- ingly. Sec. 86. Be it enacted, That commandants of regi- ments shall receive from the brigadiers copies of requisi- tions made on their regiments, who shall make the detail on the several companies in his regiment, and give orders to the several commandants of companies accordingly. Sec. 87. Be it enacted, That it shall be the duty of the major generals, brigadier generals and commandants of 6 82 regiments, upon receiving notice of an invasion or insur- reetion, immediately to embody such a force as they may deem competent for the emergency, giving the earliest no- tice thereof to their next superior officer and to the Gover- nor. ,, .. ^ Sec. 88. Be it enacted, That where marching orders Marching orders* . , . i /y» t • are given, the captain or other officer may designate some place within the bounds of the regiment or regiments from which the companies were detailed, where he may receive substitutes in the place of those detailed for service: Pro- vided, they are able bodied men, wTell armed, and such as the captain will approve of; and if approved of, he shall re- ceipt to the person furnishing such substitute, wdiich shall be evidence to the officer from whose company such detail is made, that such person is entitled to a credit, which cred- it shall be entered in such company book, after such troops are discharged from service, for the time the detachment had served and no longer; and if the substitute enlist in the service of the United States, the credit shall be given for the same as if such detachment was detailed for service; and each and every one furnishing such substitute shall be bound to' attend all the musters directed by this act; and if such substitute should be called on to perform a tour of du- ty during substitution, the person for whom he is a substi- tute shall be bound to serve in his stead; and if any person who may furnish a substitute should be called upon to serve in the room of such substitute such substitute shall refund to said person the full amount which he may have received for performing such substitution. Sec. 89. Be it enacted, That the requisitions of the emptslins °f ex~ Governor on the militia of this State shall be deemed evi- dence of an invasion or insurrection, or an invasion threa- tened or premeditated; and thereupon, it shall be lawful for the proper officers to enrol such persons as are exempted from militia duty by this act except in such cases. • Term of service ®EC* Be it enacted, That the militia of this State, for the united when called out in the service of the United States, shall not be bound to serve longer than six months from the time of their arrival at the place of rendezvous. Rank of commis- ®EC* Beit enacted, That all commissioned officers sioned officers, shall rank according to their grades and the dates of their commissions; and when two or more officers of like rank shall have been commissioned on the same day, their rank in the brigade or regiment shall be determined by lot, to be drawn before their commanding officer. Sec. 92. Be it enacted, That in case of actual inva- sion or an invasion premeditated or threatened against this State, or any part thereof, it shall and may be lawful tor 83 the Governor, or any officer by him directed, to order into actual service all or such parts of the militia of this State as he shall deem expedient, and to discharge such troops as soon as he may judge it consistent with the safety of the Stat Provided, always, the requisition shall be made in the dilferent divisions, brigades, regiments and companies, in proportion to thffir numbers who have not performed a tour of duty. Sec. 93. Be it enacted, That [the] adjutant general gLSraf.*' shall keep his office at the seat of government; he shall keep a fair record of all orders and communications he shall receive from the commander-in-chief of this State, and obey all 'orders from him relative to the duties of his office; he shall receive annual returns from the assistant adjutant general, from which he shall make out a general return of the whole strength of the militia of this State which he shall lay before the commander-in-chief of the State on or before the fifteenth of October in each year, a duplicate of which return he shall, without delay, forward to the Secre- tary of War of the United States. Sec. 94. Be it enacted, That the quarter master gen- era! shall keep his office at the seat of government, or at erai. such other place as the Governor may direct, he shall keep a record of all orders and communications he shall from time to time, receive from the commander-in-chief of the State, and obey all orders relative to the duties of his office; he shall collect and keep safely all arms and military stores belong- ing to the State, which shall be subject to the orders of the Governor; he shall furnish blank printed forms to division quarter masters and others while in service, which, when made out, shall show the quantity of arms, equipage, &c. Sec. 95. Be it enacted, That every non-commissioned f™53- officer, musician, or private, who shall neglect or refuse to appear by himself or substitute, at such time and place as shall be appointed by his commanding officer, or appear and not armed as by this act directed, such person, on convic- tion, shall forfeit and pay a sum not less than one hundred dollars, which sum shall he adjudged against him by a court martial, and shall be collected as heretofore directed, and paid into the public treasury; and if any commissioned of- ficer shall be guilty in like manner, he shall be subject to a penalty not less than one hundred dollars, be reduced to the ranks, and ordered immediately for service; and in case of refusal, shall be liable to the same penalties that other pri- vates are by this act, each of which last mentioned penal- ties shall be assigned and paid over as heretofore directed by this act: Provided, always, that each commissioned, non- commissioned officer, musician and private, shall be no- 84 tified of such requisition, which must depend upon circum- stances, for if the person be notified it shall be available in law. Sec. 96. Be it enacted, That it shall be the duty of ev- oath of coalman- eiT ])Gr'S0T) hereafter elected to the command of the militia damta. 0f this State, before he enters on the discharge of the duties of km comrn*ir to take and. subscribe the following oath, which shall be entered on the back of his commission: "I do solemnly swear that I will support the constitution of the United States and the State of Tennessee, as pre- scribed by law, to the best of nry abilities." Sec 97. Be it enacted, That if any commissioned ofii- Absentees for du- cor should absent himself from the duties of his command for more than twelve months, unless employed in the du- ties of his office, it shall be considered a removal, and mea- sures shall be taken by the proper officer to fill such vacan- cy; and if any commissioned officer in this State shall labor under any incurable bodily infirmity, mental disability, or shall be guilty of habitual drunkenness, or unofficerlike or urigontlemaniike conduct, or been gui'iy of any infamous crime, or escaped or concealed himself from justice, or re- moved himself out of the bounds of his command, the pro- per officer, on information thereof, shall order a court of inquiry, to consist of five members; if on testimony, or personal observation, they shall report to the officer order- ing such court that such person does labor under mental disability, bodily infirmity, or shall be guilty of habitual drunkenness, or unofficerlike or ungentlemanty conduct, or have been guilty of any infamous crime, or escaped or con- cealed himself from justice, or removed himself out of the bounds of his command, so as to disqualify him from the faithful discharge of his duty ; and if the officer ordering said court shall approve the said report, the office shall there- after be considered vacant, and the proper officer shall pro- ceed to have such vacancy filled as in other cases: Provid- ed, always, that the officer so tried shall have the right of appeal to the next superior officer, for approval or disap- proval of said report. Sec. 98. Be it enacted, That persons who have served •of duty? * °ur tours in the United States' army as officers, and have since resigned or been arranged out of service, and have returned to the ranks as privates, and all persons who have enlisted and been discharged after a service of six months or more shall be entitled to a credit of a tour of duty in the militia of this State. Sec. 99. Be it enacted, That the field officers of any re- giment or regiments in any one county, where they con- Nsw seglmentai • • • ± ± v • J • i * v ' f ;j ceive it necessary to divide said regiment or regiments, and 85 make a separate and distinct regiment: Provided, tliat each regiment of eight companies, exclusive of cavalry or vol- unteer companies; and whenever a new and distinct regi- ment is formed from one or more regiments, it shall be the duty of the senior officer present to notify the brigadier general of the regiment or regiments so laid off, and the vacancies of the field officers occuring in either of said re- giments, and he shall issue'his writ to fill said vacancies as in other cases; and the regiment or regiments so establish- ed shall be under the same rules, regulations and restric- tions, as other militia of this State, and shall constitute a part of the brigade to which said regiment belongs; and it shall be lawful for the commandants of regiments to divide any regiment or regiments so as to make two or more com- panies : Provided, the same can be done without reducing the number of privates below its lawful number; and the companies when laid off shall be recorded by the judge ad- vocate of the regiment and vacancies filled as in other cases. Sec. 100. Be it enacted, That the arms and equipments equipments. ex- of any militia man shall be exempt from execution at all Ui}OL jexe" v 1 cutioii. times, and their person from arrest, or the service of civil process, while going to, continuing at, or returning from musters or courts martial stipulated by this act. Sec. 101. Be it enacted, That it shall and may be law- YDlUfileerC9n)g ful for a volunteer company of light infantry to be raised in each regiment where it has not already been done, and the commandants of regiments are hereby authorized to ap- point persons pro tempore to raise such companies, which shall not consist of less than thirty-six, nor more than six- ty-four privates, one captain, one lieutenant, one ensign, three sergeants, three corporals and two musicians. Sec. 102. Be it enacted, That the commissioned offi- arms, cers shall be armed as other officers of the same grade, and each non-commissioned officer and private with a good mus- ket, smooth bore or rifle, cartouch box or pouch and horn, and shall hold company muster four times in each year, the one on the Saturday preceding the regimental muster, and the other on the Saturday preceding the battalion muster, at such place as a majority of the officers may direct, and shall attend the regimental and battalion musters to which they belong : Provided, that the rifle and light infantry companies shall not be compelled to attend the same bat- talion, and shall be subject, at all times, to the command- ing officers as other regiment or battalion. o O Sec. 103. Be it enacted, That it shall be lawful for a volunteers, volunteer company of riflemen to be raised in each regi- ment, when it has not been done, under the same rules and 86 after the same manner, and to be under the same restric- tions of li^ht infantry. The commissioned officers to be armed as other officers of the same grade, the non-commis- ed officers and privates with good rifles, pouches and horns, and shall muster as directed for light infantry. Sec. 104. Be it enacted, That it shall not be lawful for Enrsiiineut^ any officer of the light infantry or rifle companies, to enroll any person who has been enrolled by any militia officer, un- less such person shall produce a certificate from the com- mandant of the company to which he belonged, certifying that his company will, not be reduced below its lawful num- ber by such enrollment; and it shall be the duty of such person applying for such certificate, to perform duty in the company to which he did belong, until [he] shall produce the certificate of the captain that he may wish to join that his company is organized and that he is equipped accord- ing to law. Sec. 105. Be it enacted, That the companies of light h1"'"'1* ir)^1ntrJ and riflemen herein directed to be raised, shall be ed_ °" distinguished by the number of the regiment to which they belong: and where details are made on the militia of this © 7 State, they shall be ordered into service by certain compa- nies, which shall be determined by lot, drawn by the adju- taut general in presence of the Governor. Sec. 106. Be it enacted, That no person shall be per- withdrawal from mitted to withdraw from a company of light infantry or company., riflemen in five years, without the consent of the comman- dant, or unless he shall move out of the regiment to which said company belongs. Sec. 107. Be it enacted, That the uniform of the gen- Fieict.mntarm.- eray field and staff officers of the militia of this State shall be the same as that of officers of the same grade in the United States' army ; captains and subaltern officers may or may not wear uniform at their option ; regimental staff also may or may not wear uniforms at their option. Lrahtinfantry- ^EC' enacted, That the uniform of light in- anii riflemen's fan try and rifle iien shall be as follows: for light infantry, morm... hunting shirts, blue pantaloons, round black hat and red plumes ; and for riflemen, long black hunting shirts, black pantaloons, hats as infantry, and white plumes; but in all cases where a company may choose a different uni- form, and uniform themselves complete, it shall be lawful for said company to wear its own uniform on all parades. Sec. 109. Be it enacted, That all commissions for mil- Comaiasiaar,- ithi officers shall issue in the form heretofore in use in this State. Sec. 110. Be it enacted, That all fines and forfeitures imposed on any person by the provisions of this act, shall Fines.- 8T be collected and paid over in the following manner, to wit: that fines on major generals, staff and field officers shall be paid into the public treasury; on regimental staff, company officers, non-commissioned officers, musicians and privates, into the hands of the judge advocate of the regiment to which they belong. Sec. 111. Be it endcted, That all executions for fines, provided for by this act, shall be issued by the judge ad- Sls.utl nsfor vocate of the court, and which fines, when collected, if to be paid into the public treasury, the executions shall be di- rected to the sheriff of the county where the delinquent re- sides, and the said sheriff shall collect the same with sixty days and pay the same over to the clerk of the circuit court, who shall account for the same as other public monies; and all executions for fines to be appropriated to the use of the regiment shall be placed by the judge advocate in the hands of a constable within the bounds of the battalion where such delinquent resides, and the said constable shall collect and make return thereof within sixty days after the receipt of such executions; and sheriffs or constables shall be en- titled to the same fees that they would be entitled to in ci- vil cases; and for such execution the judge advocate shall be entitled to twelve and a half cents; but no officer shall be entitled to cost except collected of the defendant; and if the constable or sheriff so collecting shall fail or refuse to pay the money, as by this act directed, it shall be the duty of the judge advocate, by motion, in the next county court of the county where such delinquency shall happen, to take a judgment against such delinquent officer for the principal so collected, together with twelve and a half per cent, inter- est; Provided, the said delinquent shall have ten days no- tice in writing, from the judge advocate, of his intention to make such motion. Sec. 112. Be it enacted, That when any new regiment may hereafter be established, or has heretofore been estab- lished under the laws of this State, and not numbered by law, it shall be the duty of the Governor to attach the pro- per numeral number thereto, and the commanding officer to designate the day for regimental muster by a regimental order. Sec. 113. Be it enacted, That all volunteer compan- by-laws of vol- • ^ unteers. ies in common uniform are hereby authorized to pass by- laws for the government of their respective companies, and to appoint the number required by law, and to collect fines under their own by-laws, and apply such fines to the use of their own companies : Provided, that nothing in this sec- tiou shall be so construed as to release said companies from performing any of the duties required by the regiment to 88 which they belong, and all fines for a neglect of such duty shall be applied as fines on other militia. Sec. 114. Be it enacted, That there shall he one com- cavalry. PanJ °f cavalry in each regiment, together with those vol- unteer Companies which are established by law in this State, to be raised by volunteer enrollments, and shall consist of one captain, of one first lieutenant, and one second lieuten- ant, one cornet, three sergeants, three corporals, one trum- peter, and not less than thirty nor more than sixty privates ; and the cavalry of each brigade shall constitute one regi- merit, and be commanded by a colonel commandant, [and] one lieutenant colonel, and one first and second major, who shall be elected by the commissioned officers of their regi- ment; and the regimental courts martial of said cavalry shall be conducted under the same rules, regulations and restrictions as in infantry courts martial of like grade, and each company of cavalry shall, on two several days, annu- ally, hold two company musters at the court house of their county or such other place as the officers may agree on, which said company musters shall be held on the last Sat- urday in March and September, and shall hold courts mar- tial on delinquents in the same manner as is directed for holding company courts martial of infantry; and it shall further be the duty of each company of cavalry to attend the infantry regimental musters of their county, and when at said musters shall be under the direction and command of the commanding officers of the regiment. Sec. 115. Be it enacted, That every officer and private ofqcavairyS'&e' belonging to each troop of cavalry, shall appear, when on parade, wTith a strong serviceable horse, at least fourteen hands and a half high, with a good saddle, bridle, holsters, and one pistol at least, and horseman's sword, cap, a pair of shoe-boots and spurs, cartouch box and cartridges, in good order, and dressed in the uniform of the regiment to which he belongs. Sec. 116. Be it enacted, That the captains or command- derf of cavalry"" officer of a company of cavalry shall make out a fair statement of the strength and condition of his company, and return the same to the commanding officer of the regi- ment on or before the first day of May, annually, who shall make out a fair statement of the strength and condition of his regiment, and return the same to the brigadier general or brigade major of his brigade on or before the first day of June, annually. Sec. 117. Be it enacted, That each officer required to Returns. make return by virtue of this act, and refusing or neglect- ing to make return as herein before directed, shall be fined, if a colonel or commanding officer of a regiment, in a sum 89 not less than fifteen and not more than fifty dollars; if a captain or commanding officer of a company, in a sum not exceeding twenty dollars nor less than ten; which fines shall be assessed on the delinquents at the discretion of a brigade or regimental court martial. Sec. 118. Be it enacted, That all fines imposed by this Appropriation of act, when collected, shall be applied by the commanding officer of the regiment to the use of the regiment to 'which, said delinquents belong. Sec. 119. Be it enacted, That it xshall not be lawful for Bnrollments the captain of any company of cavalry hereafter to receive or enroll any private in his company, without such private first appearing before him equipped as the law directs; and on said private appearing equipped, as aforesaid, such cap- tain shall give him a certificate to the captain of infantry to which he belonged, and on his producing such certificate, the captain of the infantry shall immediately strike him off his roll. Sec. 120. Be it enacted, That it shall and may be law- fill for each and every regiment of cavalry in this State to choose the quality of the uniform for their officers and pri- vates, and they shall be authorized to use domestic manu- factures for the same: Provided, nevertheless, that the coats and pantaloons of each officer and private of each regiment shall be of a deep blue color; and provided fur- ther, that this act shall not affect any persons who have heretofore equipped themselves. Sec. 121. Be it enacted, That each officer of cavalry Commissions, shall be commissioned by the Governor of this State under the same rules and after the same manner as officers of the infantry of like grade. Sec. 122. Be it enacted, That it shall be the duty of company mug- each officer and private of any company of cavalry to at- teis' tend company muster, and in failure thereof, if a commis- sioned officer, he shall forfeit and pay a sum not exceeding twenty nor less than five dollars; and .each non-commis- sioned officer or private shall forfeit and pay a sum not ex- ceeding five dollars nor less than one ; to be recovered against such officer or officers at the first regimental court martial, and against non-commissioned officers and privates at the first company court martial immediately after such delin- quency shall so happen: Provided, such delinquent com- missioned officers shall have till their next regimental court martial, and non-commissioned officers and privates till their next company court martial, after such fine shall have been assessed, to make their excuse for such delinquency so hap- pening; and in case they shall fail to do so, the court mar- tial shall then and in that case, proceed to confirm and 90 Regimental mus- make absolute said fine or fines; Provided, that no execu- tion shall issue for a fine assessed unless assessed within twelve months after said fine. Sue. 123. Be it enacted, That all commissioned offi- Time allowed to cers 0f cavalry hereafter to he elected shall have three equip. months from and after such officer or officers shall be elect- ed to equip themselves. Sec. 124. Be it enacted, That each regiment of cavalry in this State shall hold one regimental muster on the first tei-sl*"""1"" ° Thursday in October, annually, except the second regiment, which second regiment shall hold its regimental muster on the third Thursday in October, annually, at such places as the commissioned officers of the regiment or a majority of them may select, at which time and place it shall be the duty of each officer and private of said regiment to attend the regimental muster of said regiment; that the commis- sioned officers of each shall, on the day succeeding said re- gimental muster, hold a court martial for the trial of all delinquents, both officers and privates. If any field officer fail to attend said regimental muster, armed and equipped as directed by this act, without a reasonable excuse, they shall each be fined in a sum not exceeding fifty dollars nor less than twenty dollars ; if a captain or subaltern officer, he shall be fined in a sum not exceeding twenty nor less than ten dollars ; if a non-commissioned officer or private, in a sum not exceeding ten nor less than two dollars. Sec. 125. Be it enacted, That no private in any com- pany of cavalry be permitted to withdraw himself from said company under five years, without the assent of his regi- mental court martial; and if any private is permitted to withdraw himself from any company as by this act direct- ed, the captain of the company of cavalry shall notify the captain of the infantry in whose bounds such private may reside, of the proceedings of said court martial, and that said private has been permitted to withdraw himself from the company of cavalry; and it shall be the duty of the captain of infantry in whose bounds such private may re- side, on receiving such information, immediately to enroll him on his company roster, the first man on the first class defined for actual service. Sec. 126. Be it enacted, That when any of the cavalry of this State shall be called on for actual service they shall be called out by companies and commanded by their own company officers. Sec. 127. Be it enacted, That when it may be conceiv- ed that the public good eminently requires it, the Governor is hereby authorized to call out such parts of the cavalry of this State as he may think proper, and when so called out, Withdrawal from company. Actual service Governor's call. 91 they shall be considered ruled and regulated as mounted gunmen for the time he may so order them. Sec. 128. Be it enacted. That it shall be the duty of ®^rsof fie,d the field officers of the cavalry of each regiment, when they deem it necessary, to appoint suitable persons in each re- giment of infantry within the bounds of their regiment of cavalry, to raise a troop of cavalry where there is no troop; and it shall be the duty of the brigadier general, where there are no field officers, to issue writs of election, in the same manner and under the same rules regulating field of- ficers of infantry. Sec. 129. Be it enacted, That it shall be the duty of duty of brigadier the brigadier general, where there are no field officers, to general- appoint persons to raise such companies of cavalry as field officers are authorized by this act. Sec. 180. Be it enacted, That the judge advocate of Jud„e advocate each regiment of cavalry in this State, when it shall so hap- of cavalry, pen that execution may issue against any delinquent officer or private, that he is hereby authorized to issue said execu- tion or executions to the sheriff of the county where such delinquency shall so happen, and that the sheriff receiving such execution shall account for such monies, if collected, and if not collected, show the reason why it was not collec- ted, within the same time as specified for infantry, and un- der the same penalties heretofore in such cases provided by law, any law to the contrary notwithstanding. Sec. 131. Be it enacted, That it shall be the duty of duty of brigade the brigade inspectors of each brigade to distribute all or- insi)ectors- ders from the brigadier general or commanding officer of his brigade to the several commanding officers of regiments in his brigade; to keep an orderly book, and record all or- ders by him received; the proceeds of all brigade courts martial; and all other official communications which he or the commanding officer of his brigade may receive. He shall also keep a record of all appointments and resignations in his brigade; he shall keep a roster of the field and staff officers in his brigade, with the dates of their appointments, from which all details for duty shall be made, and shall note the services performed by each officer, and shall perform all other duties which by law or custom appertain to his of- fice. Sec. 132. Be it enacted, That it shall be the duty of Duty ofafljut'nts adjutants of regiments to distribute all orders from the com- 0 '-s11110113- manding officer of his regiment when on military duty, and to see that all his orders are promptly executed; and to keep an orderly book, in which all orders and other official communications which may be received by him from the commanding officer of his regiment, and all orders whic 92 may be received by his commanding officer; he shall keep a roster of the officers of his regiment, with the dates of their commission, from which all details for duty shall be made, and note the services performed by each officer ; he shall do and perform all other duties which appertain to his office of regimental adjutant. Sec. 183. Be it enacted, That it shall be the duty of Adjutants on pa- the adjutants of regiments, at their several parades, to call ra ' the roll of officers whose duty it is to attend each parade, and note all delinquents, and make report thereof to the next court martial having cognizance of the same, which report shall be read in evidence against such delinquents ; and it is hereby made the duty of company officers to at- tend their annual regimental and battalion courts martial, and the commanding officer of each company shall report to such court the condition of his company at the preceding regimental or battalion parade, as the case may be. Sec. 134. Be it enacted, That the master of an indent- Apprentices. e(j seryant; or apprentice shall not hereafter be bound to furnish said apprentice with arms with which to muster and perform militia duty. Sec. 135. Be it enacted, That the Governor be autho- forvolun" rized to distribute [arms] to such uniform volunteer com- panies as shall be entitled to the same, and in order to en- title any company to the use of a portion of said arms, it shall be necessary for the commandant of the regiment to certify that such company consists of not less than forty rank and file, and that it is a uniform volunteer company, and that every member of the same is in complete uniform. It shall then be lawful for the Governor to issue his order to the quarter master general, directing him to deliver to the captain of said company a number of arms to the whole number of non-commissioned officers and privates, the said captain first giving bond and sufficient security, to be ap- proved by the Governor, and payable to the State of Ten- nessee, that the arms thus delivered shall be kept in a sol- dierlike manner and free from injury, and that they will be delivered whenever called on for the use of the State ; which bond shall be renewed by each succeeding captain within two months from the day of his election, or on fail- ure, the Governor shall forthwith cause the arms to be re- delivered the quarter master. Affidavit of de- ®EC< Be it enacted, That the delinquents, instead linquents. 0f being compelled to attend courts martial in person for the purpose of procuring the remission of fines, may make their affidavit before some justice of the peace, setting forth the reasons of such delinquency, which affidavit may be produced to the court martial, by the commandant of the 93 company in Avliicli such delinquency may happen, and shall he received by such court martial as legal evidence of the facts therein contained. Sec. 137. Be it enacted, That the commanding officers captain's com- of the different regiments of militia in this State shall cer- i)Ullies- tify to the clerk of the county court of pleas and quarter sessions, in their several counties, the number of the dif- ferent captain's companies in the bounds of their regiments, at least fifteen days before the commencement of each scs- sion of the legislature. Sec. 138. Be it enacted, That hereafter the cavalry cavalry courts court martial shall have the same power and exercise the maihal- same discretion, in imposing fines on the delinquents for the want of equipage while on duty, that the infantry court martial now has by law. Sec. 139. Be it enacted, That the clerks of the circuit jurec advocates' courts in this State shall, once a ;fear, call on the judge dutJ" advocates in his county, and ascertain, from an examina- tion of their docket book, what apaount of fines has been coitecbou, and if the judge advocate should fail or refuse to pay over what lie may have collected, the said clerk may take judgment against him by motion either before a jus- tice of the peace or the county court, for which services said clerk shall retain five per cent, on all monies by him so col- lected. Sec. 110. Be it enacted, That hereafter when any court executions for martial in this State shall assess a fine against any delin- fiues* quent officer, musician or private, that the judge advocate shall not issue his execution against the same until the ex- piration of twenty days after the rise of said court martial. Sec. 111. Be it enacted, That it shall not be lawful fine for not muS- for any court martial to,impose a fine of more than one dol- tering' lar nor less than fifty cents on any non-commissioned officer or private, for their non-attendance on any regimental or battalion muster, after the first day of January next. Sec. 112. Be it enacted, That it shall not be lawful non-attendance for any court martial to impose a fine of more than three °n n dollars nor less than one, on any captain or subaltern offi- cer, for their non-attendance on drill, regimental or battal- ion musters. Sec. 113. Be it enacted, That there shall be deposited A.rms at Knox- at Knoxville, under the care of the assistant quarter mas- ter general of the first division of Tennessee militia, a pro- portion of the public arms of the State equal to the proper- tion which the strength of the first division bears to the •whole military strength of the State of Tennessee, subject to the provisions hereinafter. Sec. 111. Be it.enacted, That whenever an order shall 94 Arms be issued by the Governor of the State to the quarter mas- ter genera], directing him to deliver to the captain of any volunteer company in said division any portion of the pub- lie arms, it shall be the duty of the quarter master general to issue an order to the assistant quarter master general, to whose care such arms shall have been committed, directing him to deliver to the captain of such volunteer company a number of the public arms equal to the whole number of non-commissioned officers and privates in such company: Provided, that nothing in this act contained shall authorize the distribution of the public arms without bond and secu- rity being first given in the same manner as is now pre- scribed by law. Sec. 145. Be it enacted, That there shall be deposited Arms at Jackson, at Jackson, in the Western District, a proportion of the public arms of this S^ate, for the use of the third division, under the same rules, regulations and restrictions as pro- vided in the two foregoing sections in relation to the public arms to be deposited at Knoxville. Sec. 146. Be it enacted, That it shall be the duty of Espenses of re- the Governor to carry the provisions of this act into effect, moving arms. an(j pe js hereby authorized to issue a draft or drafts upon either of the Treasurers for the amount of the expenses in- curred in the removal of the arms, herein provided to be re- moved to the places of deposit in the first and third sections of this act. Sec. 147. Be it enacted, That hereafter when any offi- Absentees when cer, non-commissioned officer musician or private shall fail county.0 ° to attend any regimental drill, regimental, battalion or com- pany muster, and it shall be made to appear to the satisfac- tion of said commandant of such drill muster, regimental, battalion or company muster, as the case may be, on the day of said muster, that the absentees are prevented from attending, by indisposition of himself or family, or on ac- count of his necessary absence out of the county, then, or in either such case of such absence, -it shall not be the duty ,of said commandant to report them as absentees, and require their attendance at court martial to render their excuse. Sec. 148. Be it enacted, That hereafter when any tions.teSted eeC person contesting a military election, either upon the ground of illegality of proceedings by the judges, clerks or returning officer holding said election, or upon the ground of illegality of votes, and shall fail in said con- test, it shall be the duty of the court martial before whom the validity of said election was contested to render up judgment against the person so contesting said election, aforesaid, for the cost accruing on said trial. 95 Sec. 149. Be it evaded, That if the party contesting Regiments taxed said election should succeed, and the same should be de- tain cases.m cer" clared void, on account, of illegality of proceedings, or the result of the election should be changed ou account of the illegality of votes, that then the said court shall have power to tax the regiment with the cost accruing on said trial, to be paid by the judge advocate out of any monies in his hands belonging to said regiment, or said brigade, as the case may be, not otherwise appropriated. Sec. 150. Be it enacted, That the judge advocate of the said court martial shall have power, and he is here- by required, upon the application of the prosecutor of the person contesting said election, to issue a subpoena or subpoenas for witnesses, and shall receive six and one- fourth cents for each subpoena he may issue. Sec. 151. Be it enacted, That the provost martial Provost martial, shall be, and he is hereby required to execute said sub- poenas, and shall receive as a compensation therefor twenty-five cents for each person upon whom he execut- ed the same. Sec. 152. Be it enacted, That it shall be the duty of sine for non-at- ... , - . , , , , . tendance of wit- each witness summoned as aforesaid, to attend and give nesses. evidence before said court martial under the penalty of fifty dollars, and for each day's attendance shall receive fifty cents. Sec. 153. Be it enacted, That if any witness shall Subsequent pro- fail to attend said trial, agreeably to the requisitions of ceedlI,ss- the subpoena, that then the said witness shall forfeit one hundred dollars to the use of the regiment or brigade, as the case may be, and the said court martial shall have power to enter an additional judgment for the same ; but before any execution shall issue upon said judgment, the judge advocate shall issue a scire facias within five days after the rendition of said judgment, which shall be served by the provost martial on said witness ten days before the return thereof, to show cause before said court why he was absent; and if his excuse be deemed suffi- cient to justify said absence, then said judgment shall be set aside, otherwise the same shall be made final, and ex- ecution shall issue, directed to said provost martial, under the same rules, regulations and restrictions as in other cases. Sec. 154. Be it enacted, That a number of this act [be distribution of printed] in pamphlet form sufficient to furnish the follow- thisact- ing officers, to wit: all generals, colonels, majors and captains, and the staff officers of generals and colonels; and it shall be the duty of any officer who may receive a copy of the same to deliver it to his successors when he 96 shall go out of office ; all other acts and sections of acts contrary to this act are hereby repealed. Sec. 155. Be it enacted, That it shall be the duty of Secretary of Secretary of State to arrange this act for publication states'duty. an(] to superintend the same, and also to make out an es- tirnate of the number to be printed and sent to each coun- ty town. In addition to the above number referred to there shall be sent to each county four copies for each regiment, to be delivered to the captains, lieutenants and ensigns of any volunteer companies that may be formed, and the same number for the officers of a troop of cavalry for each county ; and there shall also be one hundred co- pies deposited in the office of the Secretary of State. And the Secretary of State shall make out a general index and publish the same with this act, together with the ioliow- ing forms for returns. JONAS E. THOMAS, Speaker of the House of Representatives. L. H. COE, Speaker of the Senate. Passed January 28th, 1840. CHAPTER 2. AN ACT to abolish and discontinue Spring Musters, and their Courts Martial and Drills; Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the 10th section of the Militia Law of this State, passed in 1835, and all laws and parts authorizing and requiring spring, company and battalion musters, be, and the same are hereby repealed. Sec. 2. Be it enacted, That all laws or parts of laws requiring battalion and company courts martial and drills, which the militia are now required to hold and perform in the months of April and March of each year, be, and the same are hereby repealed. Sec. 3. Be it enacted, That the commandants of com- panies shall make their annual company returns on or before the regimental musters in each and every year, agreeably to the forms prescribed by an act passed Jan- uary 28th, 1840, in which shall be expressed their mili- tary strength, arms, &c., and deliver the same to adju- tant or commandant of the regiment. 97 Sec. 4. Be it enacted, That commandants of regiments shall cause their adjutants to make out their regimental returns on or before the first of November in each and every year ; brigade majors shall make out their brigade returns on or before the first of December in each and every year, and major generals shall cause their adju- tants to make their division returns on or before the first of January in each and every year. Sec. 5.* Be it enacted, That such parts of sections 58, 59 and 60, of an aet passed 28th of January, 1840, as relates to the time of making returns, be, and the same are hereby repealed. Sec. 6. Be it enacted, /That all company officers shall hold their offices for five years from their elections; and all regimental officers shall hold their offices for six years from their elections; and brigadier generals and major generals shall hold their offices for eight years from their elections, and shall be commissioned accordingly. BURCHETT DOUGLASS, Speaker of the House of Representatives. SAM. TURNEY, Speaker of the Senate. Passed January 25, 1842. CHAPTER 3. AN ACT to amend the Militia Law of this State. Be it enacted by the General Assembly of. the State of 'Tennessee, That the regimental musters in the twentieth brigade, shall be as follows, to wit : For the county of Perry, on the first Friday and Saturday in September; for the county of Henderson, on the Monday and Tues- day following, and for the county of Madison, on the Thursday, Friday and Saturday following ; the respec- tive regiments highest in number to muster first in the order in which they are herein arranged. BURCHETT DOUGLASS, Speaker of the House of Representatives. SAM. TURNEY, Speaker of the Senate. Passed February 5, 1842. 7 98 CHAPTER 4. AN ACT to create the 23d and 24th Brigades of Tennessee Militia, the 23d of Fayette and Shelby counties, and the 24th of Maury county. Section 1. Be it enacted by the Greneral Assembly of the State of Tennessee, That the counties of Fayette and Shelby shall constitute the 23d brigade of Tennessee militia, elect one brigadier general, and be attached to the fourth division, and that the county of Maury shall con- stitute the 24th brigade of Tennessee militia, elect one brigadier general, and be attached to the third division ; that the counties of McNairy and Hardeman shall con- stitute the second brigade, and the counties of Bedford And Marshall shall constitute the 12th brigade. Sec. 2. Be it enacted, That the white male inhabitants of the counties of Fayette and Shelby, between the age of eighteen and forty-five years, and not exempt from mil- itary duty, be, and they are hereby authorized and required to open and hold an election, at the places of holding elec- tions for military officers in said counties, on the first Sat- urday in March, 1842, for the purpose of receiving the votes of such qualified voters as may desire to vote for one brig- adier general, to command the 23d brigade of the Ten- nessee militia; and that the white male inhabitants of the county of Maury, between the age of eighteen and forty-five years, and not exempt from military duty, be, and they are hereby authorized by law to open and hold an election, at the respective places of holding elections for military officers in said county, on the first Saturday in March, 1842, for the purpose of receiving such votes of the qualified voters as may desire to vote for one brig- adier general, to command the 24th brigade of Tennes- see militia, and the person receiving the plurality or high- est number of votes in each of the brigades, shall be commissioned, and perform the duties and be subject to all the liabilities that other military officers of the same grade, as is provided for and required by the militia laws of this State; any law, usage or custom to the contrary notwithstanding. SSec. 3. Be it enacted, That the regimental musters in the 16th brigade of Tennessee militia, shall be so altered that hereafter the 85th regiment shall be held at the place as heretofore, oil the first Wednesday, the 86th on the first Thursday, the 87th on the first Friday, and the 88th on the first Saturday, and the 96th on the second Friday in October in each and every year; and the reg- imental courts martial and drills and the company mus- 99 ters, shall be held at such convenient times and places before and after such regimental musters, and drills, and courts martial, as shall best suit the officers and soldiers thereof, and the officers and citizen soldiers shall attend such regimental and company musters, drills and courts martial as though the times of holding the same had not been altered; any law, usage, or custom to the contrary notwithstanding. Sec. 4. Be it enacted, That the regimental musters ip the 22d brigade of Tennessee militia, shall be so altered that hereafter the two regiments in McNairy county shall be held at the place as heretofore, on the first Thursday and Friday in October in each and every year, in the order of their number as specified in the militia laws of this State, and the twro regiments in Hardeman county, shall be held on the second Thursday and Friday in Oc- tober in each and every year, and the company musters, and regimental drills and courts martial, shall be held at such times and places as shall be agreed upon by the officers thereof; any Jaw to the contrary notwithstanding BURCHETT DOUGLASS, Speaker of the House of Representatives., SAM. TURNEY, Speaker of the Senate. Passed February 5, 1842. CHAPTER 5. AN ACT to attach the 141st Regiment Tennessee Militia to the 9th Brigade. Be it enacted by the General Assembly of the Slate of Tennessee, That the 141st regiment of Tennessee militia, in the county of DeKalb, be attached to the 9th brigade. D. L. BARRINGER, Speaker of the House of Representatives. J. M. ANDERSON, Speaker of the Senate, Passed November 8, 1843. 100 CHAPTER 6. AN ACT to amend the Militia Laws of this State. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the regimental musters in the 20th brigade shall be as follows, to wit: For the county of Perry, on the first Friday or Saturday in October; for the county of Henderson, on Monday and Tuesday fol- lowing, and the county of Madison, on Thursday, Friday and Saturday following; the respective regiments high- est in number to muster first, in order in which they are herein arranged. Sec. 2. Be it enacted, That the regimental musters in the eleventh brigade, shall be held in each and every year as follows: In the seventeenth regiment, in the county of Lincoln, on the third Tuesday in October ; in the seventy-first regiment, in the same county, on Wed- nesday, the next day; in the seventy-second regiment, in the same county, on Thursday, the next day; in the one hundred and fifty-first, in the same county, on Fri- day, the next day ; in the seventy-third regiment, in the same county, on Saturday, the next day; the seventy- fourth regiment, in the county of Giles, on the Monday following; the seventy-fifth regiment, in the same county, on Tuesday, the next day, and the seventy-sixth regiment, in the same county, on Wednesday, the next day. Sec. 3. Be it enacted, That the adjutants of the seve- ral regiments in this State, shall hereafter be required to wear uniform at the respective regimental and battalion musters and drills, and that the uniform required shall be the same as that worn by officers of like grade in the ser- vice of the United States. Sec. 4. Be it enacted, That ail laws and parts of laws coming within the purview and meaning of this act, are hereby repealed. D. L. BARR1NGER, Speaker of the House of Representatives. J. M. ANDERSON, Speaker of the Senate. Passed November 17, 1843. 101 CHAPTER 7. AN ACT to establish the county of Levris. Section 13. Be it enacted by the General Assembly of the State of Tennessee, That the militia of the county of Lewis shall form one regiment, which shall be known and designated as the 158th regiment, and shall be at- tached to the 24th brigade of Tennessee militia. D. L. BA.RRINGER, Speaker of the House of Representatives. J. M. ANDERSON, Speaker of the Senate. Passed December 21, 1843. CHAPTER 8. AN ACT fixing the time of holding General Musters in the 8th Brigade. Be it enacted by the General Assembly of the State of Tennessee, That the general musters in the 8th brigade shall be held as follows : The 44th, in the county of White, on the third Friday in September, and the 45th regiment the Saturday thereafter; the battalion at James- town, Fentress county, the Monday thereafter; and the battalion on Wolf, the Tuesday thereafter; the 48th regiment, in Overton county, the Wednesday thereafter; the 47th regiment, in said county of Overton, on the Thursday thereafter ; the 49th regiment, in the county of Jackson, on the Friday thereafter; and the 50th regi- ment, in said county, the Saturday thereafter; and the regiment, in the county of Putnam, the Monday thereafter, in each and every year; and the 140th regi- ment, of Marshall county, the second Saturday in Octo- ber in each year. D. L. BARRINGER, Speaker of the House of Representatives. J. M. ANDERSON, Speaker of the Senate. Passed December 26, 1843. 102 CHAPTER 9. AN ACT to establish the County of Cumberland. Section 17. Be it enacted by the General Assembly of the State of Tennessee, That the county of Cumberland shall form one regiment; and said regiment, in all its relations to the militia of this State, shall assume the place of the 160th regiment, and shall be attached to the 14th brig- ade. That the field officer or officers included in said county of Cumberland, shall meet at the house of Little- ton J. Perdue, in said county, on the first Saturday in March next, and divide said regiment into battalions and companies, and provide for electing all officers in said regiment in the manner pointed out by law. D. L. BARRINGER, Speaker of the House of Representatives. J. M. ANDERSON, Speaker of the Senate. Passed January 3, 1844. CHAPTER 10. an ACT to establish the Couity of Haucoek, in honor of John Hancock, one of the patriots of the Revolution. Section 15. Be it enacted by the General Assembly of the- State of Tennessee, That the county of Hancock shall form one regiment, which shall be known and designated as the 160th regiment, and shall be attached to the 3d brigade. The militia officer or officers highest jp com- mand, included in said county of Hancock, shall at such time and place as he or they may determine upon, call all the commissioned officers together, and such of them as shall attend are hereby authorized and empowered to lay off said county into battalions and companies, and provide for holding said elections, for the purpose of electing all officers in said regiment in the manner pre- scribed bv law. D. L. BARRINGER, Speaker of the House of Representatives. J. M. ANDERSON, Speaker of the Senate. Passed January 7, 1844. loa CHAPTER 11. AH ACT to relieve the Militia living in the seventh and eighth civil districts of the county of Polk, from attending battalion and regimental musters out of said dia* tricts. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the militia within the seventh and eighth civil districts in the county of Polk, are hereby constituted a battalion, with the right to elect one major and a sufficient number of company officers. Sec. 2. Be it enacted, That said battalion shall be at- tached to the 152d regiment, and shall not be compelled to attend battalion or regimental musters out of said dis- trict; and shall hold their musters at such time and place as a majority of said militia living within the bounds aforesaid shall appoint. D. L. BARRINGER, Speaker of the House of Representatives. J. M. ANDERSON, Speaker of the Senate. Passed January 13, 1844. CHAPTER 12. AH ACT to form a new Regiment in Rutherford County. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the brigadier general of the thirteenth brigade be, and he is hereby authorized to assemble the field officers in the 6lst 62d, 63d, and 64th regiments, at as early day as convenient after the pas- sage of this act, to take into consideration the propriety and utility of forming a new regiment in the county of Rutherford. Sec. 2. Be it enacted, That if a new regiment can be formed without reducing the number of companies as- signed to the several regiments within said brigade below their lawful number, then the officers of the above named regiments shall proceed to lay off and define the boun- daries of a new regiment, and rearrange the boundaries of the old regiments, without any regard to the civil dis- tricts, so as to produce the greatest convenience to all concerned; and if such rearrangement shall meet the 104 approbation of the majority of soldiers in such regiment, then such new regiment and boundaries shall be estab- lished. Sec. 3. Be it enacted, That the several field officers who may be stricken off from the old regiment or regi- ments, shall continue to hold their command in the new regiment until the time shall expire for which they shall have been elected. Sec. 4. Be it enacted, That the field officers in the several regiments shall re-number their regiments, so as to produce more convenience for the inspection of the brigadier general. D. L. BARRINGER, Speaker of the House of Representatives. J. M. ANDERSON, Speaker of the Senate. Passed January 13, 1844. CHAPTER 13. AN ACT to establish the County of Grundy. Section 13. Be it enacted by the General Assembly of the State of Tennessee, That the county of Grundy shall form one regiment, which shall be known and designated as the 16ist regiment, and shall be attached to the tenth brigade. The militia officer or officers highest in com- mand, included within said county of Grundy, shall at such time and place as he or they may determine upon, call all the commissioned officers together, and such of them as shall attend, are hereby authorized and em- powered to lay off said county into battalions and com- panies, and provide for holding elections for the purpose of electing all officers in said regiment in the manner prescribed by law. D. L. BARRINGER, Speaker of the House of Representatives. J. M. ANDERSON, t Speaker of the Senate. Passed January 29, 1844. 105 CHAPTER 14. Section1 1. Be it enacted by the General Assembly of the State of Tennessee, That the field officers of the several regiments in Giles county be and they are hereby au- thorized to re-organize the regiments in said county, so as to make four regiments, and the new one thus formed shall be the l62d regiment of Tennessee militia, and to this end it is hereby made the duty of the sheriffs of said county, as soon as convenient after the passage of this act, to give public notice of the time and place of the meeting of said officers. Sec. 3. Be it enacted, That the several field officers in said county shall continue to hold and exercise their offices until the expiration of their respective commis- sions. Sec. 4. Be it enacted, That in laying off said regiments, said field officers shall make them as nearly equal in territory, and in form as compact as a due regard to the military strength of the regiments will permit, and shall designate the times of the regimental parades in the ad- ditional regiment thus formed. D. L. BARRINGER, Speaker of the House of Representatives. . J. M. ANDERSON, Speaker of the Senate. Passed January 29, 1844. CHAPTER 15. an act to change the time of holding the general musters in the 14th Brigade Tennessee Militia. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the general musters in said brigade be holden at the following times and places: at Frazier's, in Sumner county, on the 3d Thursday in Oc- tober in each and every year; at Bledsoe's Lick on the following day, Friday; and at MeadQw's Tanyard on the following day, Saturday; and at Walton's, in Robertson county, on the. following Monday ; and at Ellis's, in said county of Robertson, on the following day, Tuesday. Provided, the places of holding said musters may be changed, as they now by law can or may be changed. 106 Sec. 2. This act to take effect from and after the pass- age thereof. Sec. 3. Be it enacted, That the regimental musters in the 17th brigade shall be held as follows: for the county of Hickman, on the 1st Friday and Saturday after the 1st Monday in October; for the county of Wayne, on the next Tuesday and Wednesday; for the county of Hardin; on the next Friday and Saturday; for the county of Lawrence, on the next Tuesday and Wednesday. That the regiment first^n number shall muster first. JBROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON, Speaker of the Senate. Passed January 2, 1846. CHAPTER 16. i AN ACT to alter the time of holding the regimental musters of the 16th brigade of the Tennessee Militia. Section 1. Be it enacted by the G-eneral Assembly of the State of Tennessee, That the 96th regiment shall hereaf- ter hold a regimental muster on the first Tuesday in October in each and every year; and the 85th, 86th, 87th and 88th regiments shall hold their regimental musters on the next Wednesday, Thursday, Friday and Saturday succeeding the first Tuesday in October in each and every year, according to the order of their respective numbers as herein named. Sec. 2. Be it further enacted, That all laws, and parts of laws, inconsistent with this act, shall be, and are hereby repealed. Sec. 3. Be it further enacted, That the regimental mus- ters shall hereafter be held in the 37th regiment in the 7th brigade on the 1st Monday preceding the 2d Tuesday in October in each and every year. BROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON, * Speaker of the Senate. Passed January 8, 1845. 10T CHAPTER 17. AN ACT for the relief of the Militia in the 3d Civil District in Morgan county, and the Militia of the 19th Civil District in Monroe county. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after the passage of this act, the militia in the third Civil District in Morgan county, and the militia in the 19th Civil District in Mon- roe county, shall be exempted from attending battalion and regimental musters. Sec. 2. Be it enacted, That it shall be the duty of the said militia to attend company musters, as now prescribed by law. v And the captains of each company in each of the aforesaid Civil Districts, shall report to the colonel commandant at such regimental muster the number of militia in said Civil Districts belonging to their several companies. BROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON, Speaker of the Senate. Passed January 22, 1846. CHAPTER 18. Section 15. Be it enacted by the General Assembly of the State of Tennessee, That the county of Scott shall form one regiment, which shall be known and designated as the 163d regiment, and shall be attached to the first di- vision and fourth brigade; the military officer or officers highest in command included in said county of Scott, shall, at such time and place as he or they may deter- mine upon, call all the commissioned officers together, and such of them as shall attend are hereby authorized and empowered to lay off said county into battalions and companies, and provide for holding said elections, for the purpose of electing all officers in said regiment, in the manner provided by law. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Speaker of the Senate. Passed December 17, 1849. 108 CHAPTER 19. an act to change the time of holding the regimental musters in the nineteenth brigade, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the regimental musters of the nineteenth brigade shall be held in each and every year as follows: in the one hundred and seventeenth regi- ment, in the county of Weakley, on the first Thursday in October; in the one hundred and eighteenth regiment, in t ie same county, on Friday, the next day; in the one hundred and thirty-sixth regiment, in the county of Obion, on Saturday, the next day; in the one hundred and nineteenth, on Monday following; in the one bun- dred and twentieth, on Tuesday, the next day; in the one hundred and thirty-seventh, on Wednesday, the next day; in the one hundred and forty-seventh, on Thursday, the next day; in the one hundred and fiftieth, on Friday, the next day. Sec. 2. Be it enacted, That from and after the passage of this act, the regimental musters of the 101, 102, 103, 104, 105, 106, 97 and 98th regiments shall be held as follows, viz : the 97th on the second Friday in October: the 98th on the following Saturday; 103d on the first Monday after the second Friday in October; the 104th on the following Tuesday; the 101st on the first Wed- nesday after the second Friday in October ; the 102d on the following Thursday; the 105th on the third Friday in October, and the 106th on the following Saturday. Sec. 3. The company drill musters in said several reg- iments shall be held on the Saturdays next preceding their regimental musters. F. BUCHANAN. Speaker of the House of Representatives. J. M. ANDERSON, Speaker of the Senate. Passed January 31, 1848. CHAPTER 20. an act to attach the 141st regiment of Tennessee Militia, in the county of DeKalb, to the 8th brigade. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an act passed November 8th, 109 1843, chapter 10, attaching the 141st regiment of Ten- nessee Militia, in the county of DeKalb, to the 9th brig- ade, and an act passed 31st of January, 1846, chapter 205, be, and the same is hereby repealed. Sec. 2. Be it enacted, That the 141st regiment of Ten- nessee Militia, in the county of DeKalb, be attached to the 8th brigade. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Speaker of the Senate. Passed October 24, 1849. CHAPTER 21. AN ACT to repeal a .portion of the Militia Law now in force. Be it enacted by the General Assembly of the State of Tennessee, That so much of the militia law now in force, as compels privates to bear arms at regimental, battalion, or company musters be, and the same is hereby repealed. LANDON C. HAYNES, Speaker of the .House of Representatives. JOHN F. HENRY, Speaker of the Senate. Passed February 5, 1850. CHAPTER 22. AN ACT to release the Cleariork Company of the Militia of the county of Claiborne in the State of Tennessee. Whereas, The militia of the first civil district of the county of Claiborne, are subjected to the serious incon- venience of crossing the Cumberland Mountain, are re- quired to lose from two to three days from their ordinary business at each master, which makes it exceedingly bur- thensome: Be it therefor enacted by the General Assembly of the State of Tennessee, That the militia of the first civil district, called Clearfork company of Claiborne county, Tennessee, 110 shall be exempt from attending the battalion and regi- mental musters; Provided, that said company shall be required to muster at its respective company muster ground, on the same days that the battalion and regimental musters are held in, and for said regiment to which it be- longs, and that the captain orother officer commanding said company, is hereby bound to make an annual return of the strength and condition of his company, as commal- dants of other companies are compelled by law to do. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Speaker of the Senate. Passed January 22, 1850. CHAPTER 23. AN ACT to change the times of holding regimental musters in the 111th and 112th regi- ments Tennessee militia. Section 1. F^e it enacted by the General Assembly of the State of Tennessee, That the times of holding the regi- mental musters in the one hundred and eleventh and one hundred and twelfth regiments of Tennessee militia, be changed so that the 112th shall muster upon the first Thursday in October, and the 111th upon the Friday fol- lowing. Sec. 2. Be it enacted, That this act shall take effect from and after its passage. Sec. 3. Be it enacted, That the one hundred and thir- ty-eighth and sixtieth regiments in the ninth brigade, Tennessee militia, be so changed that hereafter the one hundred a^id thirty-eighth regiment shall muster on Fri- day after the first Thursday in October, in each and every year, and the sixtieth regiment shall muster the next day. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Speaker of the Senate. Passed January 24, 1850. Ill CHAPTER 24. Section 15. Beit enacted by the G-eneral Assembly of the State of Tennessee, That the county of Union, shall form one regiment, and shall be known and designated as the 162d regiment and shall be attached to the lourth brigade, the militia officer or officers, highest in command, included in said county of Union, shall at such time and place, as he or they may determine upon, call all the commissioned officers together, and such of them as shall attend, are hereby authorized and empowered to lay off said county, into battalions and companies, and provide for holding said elections, for the purpose of electing'all officers in said regiment, in the manner prescribed by law. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Speaker of the Senate. Passed January 3,1850. CHAPTER 25. AN ACT for the relief of the militia of the second district of "Jackson county. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the militia of the second civil district, in Jackson county, be, and they are hereby exempt from attending the regimental and battalion mus- ters in their county to which they belong. Sec. 2.- That the militia of said district shall, on the same days that their regimental and battalion musters come off in each and every year hold a company muster at some suitable place within their district, to be deter- mined by a majority of them, hold a company muster, and for failing so to attend shall be subject to all the fines that they would be if they failed to attend the regimen- tal or battalion musters, and that the officers of said com- pany shall hold courts martial at their company ground, and k majority of them shall determine all cases of de- linquencies of said company, and all fines assessed shall be collected in the same way as is now prescribed by law. Sec. 3. That the captain shall, within each and every year, make out the strength and condition of his com- pany, and report the same to the colonel of the regiment to which he belongs. 112 Sec. 4. Be it enacted, That the militia of the eighth and ninth civil district in the county of Morgan, be and they are hereby exempt from attending the regimental and battalion musters in their county to which they belong. Sec. 5. Be it further enacted, That the militia of said districts shall be subject to the same rules, regulations and restrictions as pro\ided for in the second and third sections of this act. Sec. 6. Be it further enacted, That the regimental muster for the county of Lewis shall hereafter be held at Newburg, the county site of said county, until the militia thereof shall be divided into two regiments, and all regi- mental drills and courts martial shall be held at said town of Newburg, and be subject to the same rules and regulations as are now prescribed by law. LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY, Speaker of the Senate. Passed January 30, 1850. CHAPTER 26. AN ACT to ahange the times of holding Regimental and company Musters in Greene coun- ty, 2d Brigade, 7th and 8th regiments Tennessee Militia, and for other purposes. Section 1. Beit enacted by the General Assembly of the State of Tennessee, That from and after the passage of this act, the time of holding the regimental musters in Greene county, 2d brigade, 7th and 8th regiments of Ten- nessee militia, shall be held in the 7th regiment on Fri- day, and*8th regiment on Saturday, immediately preced- ing the 2d Monday in October, in each and every year. Sec. 2. Be it further enacted, That the company mus- ters in said regiments shall be held on Saturday, immedi- ately preceding the day set apart in the first section of this act for said regimental musters, and that all laws conflicting with the provisions of this act, be, and the same are hereby repealed. Sec. 3. Be it further enacted\ That the time of holding the battalion musters in the new regiments formed out of fractions of the 109th and 110th regiments in Hen- derson county, be held hereafter, the first battalion in said regiment, on Wednesday, and the second battalion on Thursday, immediately after the 1st Friday in April, in each and every year. Sec. 4. Be it further enacted, That the company mus- 113 ters in said regiment, shall hereafter be held on Satur- day, immediately preceding the days set apart for holding battalion masters in said regiment, provided for in the 3d section of this act. Sec. 5. Be it'enacted, That the regimental musters of the 66th regiment, 12th brigade, Tennessee militia, shall be held on the 2d Thursday in October in each year. Sec. 6. Be it enacted, That all laws coming in conflict with the fifth section of this act, be, and are hereby re- pealed. Sec, 7. Be it further enacted, That the following shall be the times of holding regimental musters in the fol- lowing regiments to wit: The 55th regiment shall mus- ter on the lirst Thursday after the second Monday in Sep- tember, in each and every year; the 56th regiment upon the next ensuing Friday ; and the 54th regiment on the next ensuing Saturday, and the 89th regiment on the third Monday in September; and the 90th regiment upon the next ensuing Tuesday, in each and every year. Sec. 8. Be it further enacted, That all volunteer com- panies which may be organized under the present law of Tennessee, shall be entitled to receive the arms of the State, Provided, such company shall have forty rank and file. JORDAN STOKES, Speaker of the House of Representatives. M. R. HILL, Speaker of the Sehate. Passed January 27, 1852. CHAPTER 27. AN ACT to amend the Militia Law of this State. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That so much of the 4th section of an act passed on the 28th day of January, 1840, entitled "an act to condense and bring into one view the Militia Laws of the State of Tennessee, as requires officers be- low the grade of captain to be commissioned by the Gov- ernor," be repealed ; and that, hereafter, it shall be the duty of the returning officers in said elections, to make return thereof to the commandants of the regiments in which said election may be held, who shall commission them accordingly, and that this act take effect from and after the passage thereof. 8 114 Sec. 2. Be it further enacted, That the 36th section of an act passed 28th day of January, 1840, entitled "an act to condense and bring into one view the Militia Laws of the State of Tennessee " be, and the same is hereby revived and re-enacted, and that the law repealing the above section, and all laws conflicting therewith, be, and the same is hereby repealed. JORDAN STOKES, Speaker of the House of Representatives. M. R. HILL, Speaker of the Senate. Passed February 15, 1852. CHAPTER 28. an ACT to establish the County of Cheatham. Section 17. Be it enacted by the General Assembly of the State of the State of Tennessee, That the county of Cheat- ham shall form one regiment, and said regiment in all its relations to the militia of this State, shall assume the place of the 160th regiment, and shall be attached to the 14th brigade ; that the field officers, or officers included in said county of Cheatham, shall meet at the house of John J. Hinton, in said county, on the first Saturday in May next, and divide said regiments into battalions and companies, and provide for electing all officers in said regiment, in the manner pointed out by law. NEIL. S. BROWN, Speaker of the House of Representatives. EDWARD S. CHEATHAM, Speaker of the Senate. Passed February 28, 1856. CHAPTER 29. AN ACT to abolish Military duty. Section 1. Be it enacted by the General Assembly o f the State of Tennessee, That all laws now in force requiring the militia of this State, (officers and privates,) to assem- ble at certain times for the purpose of being drilled and instructed in military tactics, be, and the same are hereby repealed. 115 Sec. 2. Be it further enaated, That it shall be the duty of the officers appointed by law to take a list of the tax- "able property and polls in the various civil districts of the several counties of this State, to make out a report of the strength and condition of the militia in each civil district, in the same manner that the captains of the com- panies are now required by law to do, and they shall re- turn the same to the county court clerk against the 10th day of June, in each year. Sec. 3. Be it further enacted, That it shall be the duty of the county court clerks to make out, from the reports furnished them, a statement of the strength and condi- tion of the militia in the entire county, a copy of which shall be transmitted to the Anjutant General of the State against the first Say of May, in each year, for which ser- vices the said clerk and officer shall be allowed such com- pensation out of the county treasury, as the county court may think reasonable. < Sec. 4. Be it further enacted, That this act shall take effect from and after its passage. Sec. 5. Provided, All fines in the hands of judges ad- vocate and collecting officers, as muster fines, shall be applied to the payment of claims that have been allow- ed; any balance remaining, shall be paid by the judge advocate to the county trustee, and shall be added to the .common school fund, and disposed of as other common school funds. DANIEL S. DONALDSON, Speaker of the House of Representatives. JOHN C. BURCH, Speaker of the Senate. Passed February 15, 1857. CHAPTER 30. AN ACT to incorporate the 154th Regiment Tennessee Militia. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Col. W. H. Carroll, Liet. Col. Preston»Smith, Major A. H. Douglas, Major Marcus J. Wright, Surgeon Dr. N. Plunnel, and Adjutant G. H. Monsarrat, officers of the 154th regiment of Tennessee Militia, and Captains Wm. Miller, N. Freck, James M. Edmonson, J. Genet, Lieutenants A. Munch, M. Maier, Kendell, John Gengel, James Specht, C. L. Powers, F. Krone, Isaac Straus, R. T. Hood, together with their 116 associates in the muster roll of said regiment, be, and they are hereby incorporated and constituted a body pol- itic, to be known as the 154th Regiment of Tennessee Volunteers, and by that name shall have succession for fifty years, and a common seal, to be altered or changed at pleasure, and as a body corporate may have and en- joy legal rights, and remedies in as full and ample de- gree as any similar corporation in this State. Sec. 2. Be it further enacted, That said corporation, their successors and associates, by their name aforesaid, shall be capable in law of buying and selling, having, re- ceiving and enjoying lands, tenements and hereditaments of any and all kinds for life, or a term of years, and per- sonal property of every kind whatever, and sums of mo- ney to any amount that may be given, granted, sold or bequeathed to them to erect buildings for an armory ; or purchase ground for erecting the same on, or anything else necessary and proper for the use, training and ac- commodation of said regiment. Sec. 3. Be it further enacted, That said regiment or corporation may pass such by-laws for their own govern- ment as a majority of them may think proper, not incon- sistent with the laws of this State or of the United States. Sec. 4. Be it further enacted, That they shall have power to increase the numbers not exceeding ten com- panies, said companies in all not to exceed one thousand men. Sec. 5. Be it further enacted, That the officers of the regiment elected by a majority thereof shall be commis- sioned by the Governor of Tennessee, and hold their offi- ces for the same term, and be governed by the same laws, usages and regulations as other officers of the mili- tia of this State. Sec. 6. Be it further enacted, That the property of said incorporation be exempt from all tax. W. C. WIIITTHORNE, Speaker of the House of Representatives. TAZ. W. NEWMAN, Speaker of the Senate. Passed March 22, 1860. Secretary op State's Office, > Nashville, March, 20, 1861. j I, J. E. R. Rat, Secretary of State, hereby certify that I have carefully collated the foregoing Acts and Resolutions with the ori- ginals on file in my office, and find them correct copies thereof. J. E. R. RAY, Secretary of State. INDEI. ANDREW COLLEGE. Military department established in BANKS. Suspension of, legalized May pay out the notes of each other Penalty released Sixth section of hanking law suspended Weekly reports to supervisor required Capital required to commence the business of banking Provisions of act, when applicable to banks Bank of Tennessee may issue small notes To equalize their accommodations BANK OF WEST TENNESSEE. Charter of, amended k... BLOUNT. County of, how to appropriate railroad taxes CAPITOL GROUNDS. Appropriations for improvements of, repealed Commissioners of, to make settlements • Receiver to be appointed JRock prepared by the penitentiary to be received CHICKASAW CITY. Charter of, amended CONVENTION. Election of delegates, to provide for Governor to issue his proclamation Number of delegates prescribed Qualification of delegates to Returns of election Delegates to, when and where to assemble Compensation of members and officers Vacancies in, how filled Electors, how to vote on question of "convention " or "no con- vention " Ordinance passed by, to be submitted to the people 120 COUNTIES. New, how to vote Benefits of certain act applicable to all counties COMMISSIONERS TO PEACE CONGRESS. Compensation of ... COURTS. Chancery, for Decatur, Perry and Johnson counties, when held... EXECUTIONS, STAY OF. 13 16 On judgments and decrees to be rendered Defendant to give security To operate as judgment against the surety "When execution may issue after being stayed Additional security, how taken* On judgments rendered, but no execution issued On judgments where executions issued, but not levied In case personal property is levied on Surety becoming insufficient, additional security to be given — Executions, when to be registered Original parties bound as well as additional security No stay of executions not subject to stay before the passage of this act. Cases in which no stay is allowed...... When property may be delivered up and sold after stay of exe- cution Delivery bonds When property may be sold after delivery bond has been given, This act not applicable to persons acting in a fiduciary capacity. When act expires EXECUTIONS. Issued from Supreme Courts returnable to next term, as in the Circuit and Chancery Courts No portions of this act applicable to judgments in criminal cases Motion for non-return of repealed, in certain cases GENERAL ASSEMBLY. Expenses of. GREENE COUNTY. County Court of, to suspend collection of road tax GRANT WHITE LEAD OIL WORKS. Name of, changed GOVERNOR. Message of upon convening Legislature Recommending suspension of the sinking fund law for the benefit of railroad companies 121 GOVERNOR. Directory to. Directory to To issue proclamation. HENNEBERRY, P. Duplicate bond to be issued to HICKMAN COUNTY. Excess of revenue, how disposed of. INTEREST. Rate of, reduced from 12| per cent, to six, in cases of appeal Law establishing a conventional rate repealed JUSTICES OF THE PEACE. Penalty against, in certain cases, modified. "When released MEMPHIS. Mayor of, authorized to call out 154th regiment in certain cases.. Arms Company of, incorporated Light Dragoon Company of, incorporated MILITIA LAW AND MILITARY ORGANIZATIONS. Act abolishing musters repealed Vacancies in militia offices to be filled..., Musters and drills Miiitia laws to be affixed to this act Artillery companies, when to be raised . Military department in Andrew College. MEMPHIS ARMS COMPANY. Incorporated 154th REGIMENT. When it may be called into service. Field officers of MEMPHIS LIGHT DRAGOON COMPANY Incorporated RAILROAD COMPANIES. The law requiring sinking fund interest to be paid, suspended Salaries of receivers County Court of Blount county authorized to appropriate the railroad taxes for county purposes Blount county to levy a tax when notified by the Knoxville and Charleston Railroad Company 122 REYENUE COLLECTORS. Further time given to collect and pay our taxes for revenue and railroad purposes SAYINGS INSTITUTE. Southern, at Memphis. Greeneville SOUTHERN ZINC COMPANY Incorporated SHERIFFS Of Hawkins, Shelby, Dyer, Hamilton and Davidson counties may appoint additional deputies k........ SUMMARY PROCEEDINGS. Remedy, by motion, for non-return of executions when applicable.. TURNPIKE COMPANIES. Charter of Fayetteville and Alabama Turnpike Company repealed Gallatin and Cole's Ferry Turnpike Company, charter of, amended USURY LAWS An act passed February 21st, 1860, amending same, repealed 19 21 MILITIA LAWS. A. Page Age at wliich a person shall he subject to perform military duty 57 Arms, public, duty of the major generals of the 1st and fourth divisions 71 public, expenses of, how provided for 71 Adjutant's duty 77, 100 Appeal, right ot 78 Adjutant general of the State, how appointed » 72 Authority of commandants of regiments 81 Adjutant general, office of 83 Absentees from duty 84 Arms 93 Appropriation of fines 88 Actual service 90 Adjutants of regiments, duties of 91 Apprentices, law in relation to 91 Arms of volunteers 91 Affidavit of delinquents 92 Arms, at Knoxville 93 at Jackson 94 expenses of removing of 94 Absentees, law in relation to 94 B. Brigades, State divided into 66, 98 boundaries of 66, 98 divided into divisions 66 Brigadier general, additional duty of 67 Brigades, how commanded 72 Brigade surgeon, how appointed 73 inspectors, duties of 72 majors, duties of. 74 Brigadier general may appoint judge advocate and provost martial 78 Brigade courts martial 79 By-laws of volunteers 87 Brigadier generals, duty of.. 91 c. Companies, how to be commanded 57, 76 how established 58 Corporals, how elected 58 124 Page Constables to hold elections for company officers 58 Commandants of regiments to certify election of company officers to Governor 58 Contested elections, how to be conducted and determined 58, 94 Courts martial to determine contested elections 58 how to be organized and conducted 59 Constables, duties of 64 Candidates contesting elections to file reasons 65 Contested election of brigadier general, Governor to decide » 68 Comptroller to be exempt from military duty 57 Clerks of courts to be exempt from military duty 57 Commissioners of common schools to be exempt from military duty 57 Candidates having the same number of votes, law in relation to 65 Company officers may hold courts martial 70 Companies failing to elect officers, law in relation to 70 Company lists, how to be furnished 71 Comptroller to settle with the major general of the 1st and 4th divisions for expenses incurred in taking of public arms 72 Companies, volunteer, 1st and 4th divisions, how armed 72 Commandants of companies to make annual returns 74 Colonel, duty of 74 Captains, duty o|. 76 Courts martial, Annual, when held 77 general, how organized and conducted 79 division, brigade and regimental 79 proceedings of 80 Complaints against commissioned officers 81 Commandants of regiments, authority of. 81 Commissioned officers, rank of 82 Commandants, oath of. 84 Credit of a tour of duty 84 Corps, volunteer, may be raised 85 Company, withdrawal from 86, 90 Commissions 86, 89, 97, 113 Cavalry .. 88 Cavalry, duty of commanders of 88 Company musters 89 Call, Governor's 90 Cavalry, judge advocate of 91 Commandants of regiments to certify to county courts 93 Cavalry courts martial 93 Costs, regiments taxed with, in certain cases 95 D. Divisions, boundaries of 66 how to be commanded 66, 67, 72 Discharges . 74 Disobedience, how punished 75, 79 Drum majors, duty of .' 76 Division of regiments 78 Division courts martial 79 Duty of commanders of cavalry 88 Delinquents, affidavit of 92 Distribution of the militia act 95 E. Election of company officers, how and when held , 58 of regimental and batallion officers, how to be conducted 64, 65, 98 contested, how to be conducted.. 65 125 Page Exercise on muster days „ 77 Ensigns' duty 77 Executions for fines ... 78, 86, 93 Exempts, enrolling of 82 Equipments exempt from execution 85 Enrollments 86,' 89 Equipments of cavalry 88 F. Fines on field officers 66 Ferriage and tolls 69 Fines for failing to attend musters and drills 69, 69, 93 Field officers, how elected, and their duties 64, 76, 91 Fife major, duty of __ 76 Fines, appropriation of 83, 86, 89 executions for 93 G. Gates, toll, keepers of, to be exempt from military duty ■ 57 Governor commander-in-chief of militia 72 Governor's staff 72 Governor may appoint judge advocate and provost marshal. 78 General courts martial 80 Government requisitions 81 Governor's call..,, 90 I. Inspector general, how appointed 73 assistant, how appointed 73 Invasion 81 Insurrection 81 Infantry, light, how distinguished, riflemen's uniform 86 J. Jailors to he exempt from military duty 57 Judges to be exempt from military duty 57 of elections, how appointed, and their duties 58 and clerks to certify elections to commandants 58 Judge advocate, duty of, and how appointed, to give security and take oath 69, 73, 93 of cavalry 91 Jackson, arms at 94 K. Knoxville, arms at 93 L. Lieutenants, duty of 77 M. Ministers of the gospel to be exempt from military duty 57 Musters, battalion, when to be held, Polk county 103, 59, 101 places of, how changed or removed 60 126 Page Militia divided into regiments, strength of 60, 61, 97, 115 Musters, regimental, when to be held, &c... 61-2-3-4, 90, 99, 100-1-2-3-4-5-6-8-10-12-13 Majors, how elected, and their duties 64, 75 Major generals to hold their offices 68 Miiitia, Obion 70 Musters, brigade, when to be held .. .61, 62, 63, 64, 101-5-6 Major generals, how elected 68 1st and 4th divisions, duty in relation to arms 72 Music 73 Major general may appoint assistant inspector generals 73 Muster, hour of.... 73 Major general may appoint judge advocate and provost martial 78 Marching orders 82 Musters, company 89, 96, 85, 109-12 N. New regiments ,v 84, 87, 101-2-3-4-5-7-11-14-15 0. Officers, field, of Fentress county, duties of 60 how" elected, and their duty 64, 76 to attend musters 65 to be armed 66 may act upon sheriff's certificate 69 uniform of 68 Officers, battalion, failing to attend courts martial 69 Obion militia within certain bounds 70 Orderly sergeants, law in relation to 71 Officers of courts martial, how appointed 78 Oath of judge advocate 80 Officers, commissioned, complaints against 81 Orders, marching 82 Office of the adjutant general of the State 83 Office quarter-master general of the State 83 Oath of commandants 84 P. Postmasters to be exempt from military duty 57 Provost marshal, how appointed, to enter into bond, &c 69, 95 Q. Quarter-master generals, how appointed 72 office of 83 R. Religious denominations opposed to bearing arms 67 Regiments, how divided 60 how commanded 64, 72 how equalized 72 Returns, regimental, how made, company, how made 74, 97, 113-15 Regiments, division of..._ 78, 99 . Rights of volunteers 78 Regimental courts martial 79 Requisitions, government j 81 Rank of commissioned officers 82 Regiments, new 84, 87 adjutants, their duty 91 taxed with costs in certain cases 95 127 S. Page 57 , Secretn ry of State shall be exempt from military duty Sergeants, how elected 58 Sheriffs and constables failing to perform duty 09 Sergeants, orderly, law in relation to 71 Scott's Infantry Tactics •. 72 Surgeon, brigade, how appointed 73 Service, term of, for the United States. 82 actual 90 Secretary of State's duty 90 T. Treasurer, State and county, to be exempt from military duty 57 Trials 79 Term of service for the United States 82 Tour of duty, credit for 84 Time allowed to equip 90 U. Uniform of field officers 68 Y. Vacancies in company offices, how filled 58 in regimental offices, how filled 64 of brigadier general, how filled 67 of major general, how filled 68 Volunteer companies to have the State arms 72, 113 Volunteers, rights of 78 Volunteer corps may be raised],. 85 Volunteers to be armed 85,92 riflemen to be raised 85 by-laws of 87 w. Withdrawal from company 86,90 Witnesses to court martial may be subpoened 95 fine for not attending courts martial 95 Polk county militia 163 Morgan county militia 107-12 Claiborne county militia 109 Jackson county militia Ill ;; K„ , ,r<, ' " . m l ^tj v» .i? *- 3