436 T35 opy 1 REPORT LEGISLATIVE COMMITTEE APFOINTBD TO WAIT ON THB PRESIDENT OF THE UNITED STATES, IN KBGARD TO THE TROUBLES IN TENNESSEE. --Hf.1, it. KNOXVILLE, TENN.: PRINTED BY BROWNLOW & HAWS, STEAM BOOK AHD tiKNBRAI. JOB P1HNTER8. 1868. J35 6:1 5.^ i 06 REPORT. Nashville, Tenn., September 16tli, 1868. To His Excellency W. G. Brownlow, Governor of Tennessee: The undersigned were appointed under a joint resolution of the Legislature of Tennessee — a copy of which accompanies this report — a Committee to wait on the President of the United States and urge upon him to take steps to protect the law-abiding citizens of this State. The Legislature by whom we were appointed, having adjourned, we make this report to your Excellency, that you and the public may know what the Committee have accomplished. On our arrival at Washington, we prepared a memorial or address to the President of the United States, setting forth the condition of affairs in Tennessee, a copy of which accompanies this report. This was presented to the President and received by him in the spirit of frankness and candor which was to be expected of the chief executive officer of a great nation. After a full, free, candid and unusual conversation in respect to the affairs in this State, and the matters contained in our address, as well Avith the Secretary of "War as the President, we received for answer the accompanying letter of Gen. Schofield, Secretary of War, enclosing also a copy of the order issued to Major Greneral Thomas, commanding the Department of the Cumber- land. We scarcely need add that our reception by the President was kind and cordial, as also was our interview with the Secre- tary of War, Gen. Schofield. We flatter ourselves that we have accomplished much to- wards quieting the troubles in Tennessee. The President, as you will see from the correspondence, has done what has not heretofore been done officially, promising "that the military power of the United States will be employed whenever, and so far as it may be necessary, to protect the civil government of Tennessee against lawless violence, and enable that government to execute the laws of the State and protect its law-abiding citizens." This, in our opinion, will have a salutary effect upon that class of persons in Tennessee who believe, or say they be- lieve, that the present State Government in Tennessee has no legal or constitutional existence, and tliat consequently they have a right to resist its authority, or even to overturn it by force, We believe and are satisfied that the President of the United States has done all in his power, under the laws and constitu- tion, and have no doubt of his sincerity in what he has ordered. We are further satisfied that these pledges and orders will be faithfully carried out and executed. We endeavored to embrace, in our address to the President, the true condition of aftairs in this State, which we hope we did, and that it will meet the approbation of your Excellency, the Legislature and the law-abiding citizens of our State, and that our action in the premises will be sustained by you and the great body of our countrymen. We remain, very respectfully, Your obedient servants, WM. H. WISENER, Se., On the part of the Senate. THOMAS A. HAMILTON, J. A. AGEE, On the part of the House. To His Excelleticy, Andrew Johnson, President of the United States : We have been appointed a committee by the Legislature of Tennessee to wait upon you and "place fully before you the present condition of affairs in that State, and urge upon you to take stej)s to give protection to the law-abiding citizens of the State, under the provisions of the Constitution of the United States." We now address you in the discharge of the duty imposed upon us by the action of the Legislature of that State. The first thing required to be done by us is to place before you fully the present condition of aff"aii's in Tennessee. To do this, Mr. President, would take more time and space than are consistent with a written communication prepared as this necessarily has been. We can only touch upon tne more prominent affairs of our State. First, Mr. President, you are aware that the Legislature of Tennessee has been called together in extra session and has not yet adjourned. The main object in calling it together by the Governor, as indicated in his message, was that it might pass laws calling out troops for the protection of the people against the secret organization known as the Ku Klux Klan — laws which were deemed necessary by his Excellency to suppress such illegal associations. That a necessity exists for military protection in some portions of that State the Legislature and committee fully concur. Tliat there is such an organiaatioia as the "Ku Klux Klan" is now beyond question or peradventure. In a recent publica- 3 tion made by authority, or with the assent of a o'eneral officer of the so-called Confederate States, it is stated that there are forty thousand members of this association in Tennessee. As to the objects and purposes of the organization, they can only be known by their acts and sayings, while in their masks and ghostly uniforms. Whilst thus engaged, they take out citizens and kill them — some by hanging, some by shooting and some by the slower and more barbarous plan of whipping, whilst others are whipped, not until death, but severely and disgracefully. In some parts of the State they are traveling at night, as often as twice a week, and visiting the houses of Union men and federal soldiers, some of whom they kill, othei's they whip and order from the country on pain of being killed if they do not leave, while others are ordered away under promise of violence if they remain after thus being ordered to depart. This is carried on by greater or less numbers, accord- ing as the objects to be effected on the particular night are of greater or less magnitude. They rarely appear in their masks and uniforms in daylight. It is in the night when they mostly travel and perpetrate their acts of violence and bloodshed. The most peaceable, orderly, quiet, and we may say even the most exemplary members of the church are not exempt from their midnight visits and are objects of their personal violence. Instances are known where the most orderly and pious men of a neighborhood have been waked from their slumbers and beaten by them for no other reason than their political sentiments. Murders are common, particularly among the colored people, against whom the Klan seem to have peculiar and mortal hatred. Many colored people have been whipped, some of them badly and some until they nave died from its effects, and many of them have been murdered for no other reason or offence than their political opinions and sentimf^hts. Many colored people who had hired for the year or engaged to work for a portion of the crop, have been compelled to leave their homes for their personal safety and fly for their lives, leaving their employers or their crops; and unless something is done for their relief they cannot go home, and will, of course, lose their earnings, with starvation in the gloomy future for themselves and families. In the class of cases shown above there is no exonso or palli- ation for the wrongs perpetrated upon the citizens; but there is another class of cases where the Klan take t^ie case into their own hands, where, although there is no justification, there are circumstances of alleged palliation. These are when a murder has been committed under circumstances of aggravation, as in the case of young Bicknell, in the county of Maury. He was foully murdered. The guilty agent was arrested by the civil authorities, lodged in jail, and afterwards by the Ku Klux taken out and hung. There seems to have been no doubt as to 4 his guilt; but this was no justification to those who hung him without trial. There are some other cases where they have hung men for alleged crimes. These cases are mentioned for the reason that we are sent here to place before your Excellen- cy the present condition of affairs in our State. These parties should be tried and punished according; to the law. It is true, in some of these cases, it is said, and the fact may be. the guilt of the party is beyond question or doubt. Assume this to be so, as we concede it to be in some cases where they have hung the offenders, it is the more certain they will bo convicted and punished, if tried. These cases of punishment for crimes are referred to by the friends of the order to justify its existence or conduct, when they are assailed in newspapers or otherwise. Wo will further add that most if not all the persons engaged in these violations of law, and who belong to the Klan, so far as known, were enemies to the government during the late civil war; but we are able to state — and do so with pleasure— that many of the Confederate soldiers and officers, who fought gal- lantly during the war, disapprove of and condemn the Klan and its acts of unprovoked violence. We have thus far spoken of the acts of this organization. Their object, they say, is to overthrow the State Government of the State of Tennessee, and many of them declare they are now as willing to fight the Government of the United States as they were at the commencement of the rebellion. The more discreet ones of them, however, do not say ''government" in this connection, but say "the Yankees." Many of them declare that the State Government of Tennes- see is illegal, and they have legally a right to resist and even to overturn it. This is not confined to the masses, but finds advocates in distinguished Bien high in the estimation of those forming the late so-called Confederate States Government. Ee- sistance to the government of Tennessee and the laws passed by her Legislature since the war, is, in the opinion of the com- mittee, as criminal as to attempt to overthrow or resist the government and laws of the State of New York, or any other State of the Union. But, it may be said, the courts can punish these offenders, and therefore no military force is necessary. To this we reply that it is a fact that no one in any of the counties in Tennessee, as far as we have bQen able to ascertain, has ever been tried or punished for any of the offences or class of offences mention- ed above, and so long as public opinion remains as it is, none will be, especially in those counties where the order is numerous . No person dare prosecute, for if he should his life would be endangered thereby. People are apprehensive, should they prosecute, that they would be murdered by the Klan. Indeed, they tell the people upon whom they inflict violence, that if they should know any of them and disclose it, they will be killed. With this state of alarm and apprehension, no one will prosecute. Hence the civil authorities are powerless. Again, should any one have the courage and firmness to ap- pear before the grand juries there is no assurance that an in- dictment would be found. But few of the grand juries, it is apprehended, have none of the Klan on them, enough, at least, are generally there to defeat an indictment. As they go in masks it is not known who is or who is not in the order, and hence they may get on juries and defeat the laws. The com- mittee will in this connection state as a fact that when the present Legislature met in regular session in October last, they were disposed to be liberal and repealed the military laws passed by their immediate predecessors, in the hope and expectation that the promises made by those who were opposed to them politically, that soldiers were unnecessary, would be fulfilled. In this they regret to say they were disappointed, for no sooner was the law repealed and the soldiers discharged than the " Ku Klux Klan" sprung up in Tennessee and commenced their mid- night travels and depredations. The present condition of aftairs, as given above, is sustained by sworn testimony before the Committee on Military Aifairs of the Legislature of Tennessee of witnesses, from various counties in that State, and is corrob- orated by the personal observation of the committee and con- firmed by the history of the Tennessee troubles. We regret, Mr. President, not being able to furnish you with a printed copy of that report and testimony on which it is based. When we left Nashville they were in the hands of the printer, and we were unable to procure one. AVe now come to the other part of our instructions, which is to urge upon you to take steps to give protection to the law- abiding citizens of the State of Tennessee, under the provisions of the Constitution of the United States. This we now respect- fully do, not because we believe, or the Legislature and the Governor believe, that the State is unable to overcome by military force the opposition to the State government there and the Ku Klux Klan, and punish the ofienders, but because they (the Legislature) and we deem it better to have Federal troops there to aid in the enforcement of the laws and suppress any riots or insurrection that might be attempted or occur. Fed- eral troops are preferred on another ground. They have no local personal likes or dislikes to influence tihem to commit wrongs on peaceful citizens, nor be subject themselves, after discharge from service, to wrongs and outrages for having been in the State military service. Further, this Klan threaten that no more electiouB shall be held in Tennessee in the counties where they have the power to prevent it. If this should be the principle upon which they act in the absence of proper 6 force, then probably no election could be held in Tennessee, for the Eepublicans in the counties where they have the numerical strength might drive the Conservatives from the polls. What we desire is a sufficient force to aid the civil authorities in holding elections, so that every man who is entitled to exercise the elective franchise may exercise it, no difference for whom or for what party he may choose to vote. That this is the de- termination of the Klan is established by their continued night travels, their saying to Uriion men, as well white as colored, they shall not vote unless they exercise the privilege in a particular way. They are disarming white and colored men whenever they can. The Legislature hoped the numbers of the Klan would decrease, and their outrages would diminish ; but in this it was mistaken. It has delayed action, having a well founded hope and expectation that the efforts of certain prominent and distinguished representative men who had pledg- ed their honest endeavors to effect, as far as possible, such a desirable result. Their efforts thus far have — althoiigh made in good faith — been crowned witli no beneficial results. On the contrary, their numbers and violence in many localities are on the increase. Nothing is therefore left but to resort to the military, and the Legislature prefers, for the reasons above stated, the Federal instead of State troops be used. We therefore, on behalf of the Legislature of Tennessee, respectfully urge that you send, as early as practicable — the sooner the better — sufficient Federal force to that State to aid the civil authorities, to act with them in suppressing these wrongs and bringing to trial the guilty parties, giving assurance to all that the laws will be enforced, crime punished and pro- tection extended to such officers and citizens as may attempt to execute the laws or prosecute for their violation. The Legisla- ture of Tennessee, in sanding us to make the request we have, did so upon the ground that she is a part of the great Ameri- can Union, contributing to the support of the common govern- ment, enjoying its benefits and blessings, and that they com>' asking of the government of the United States that which they believed they had a right under the Constitution to expect. We respectfully request as early an answer from your Excel- lency as it is conv'enient for you to give it, for the reason that the Legislature has adopted a resolution fixing Monday as the day for adjournment, and it is important for them to know the result of our application before that time. Hoping a fixvorable result to our application, we subscribe ourselves, PbCspectfuUy, your obedient servants, W. H. WISENER, T. A. HAMILTON, On the part of the Senate. J. H. AGEE, On the part of the Hoiose. SENATE RESOLUTION NO. 10. Resolved hy the Senate the IIouhc concurring, That a Joint Select Committee, to consist of one on the part of the Senate, and two on the part of the TToiisn, be appointed to wait upon his Excellency Andrew Johnson, Trcsident of the United States of America, and place fully before him the present condition of affairs in this State, and urge upon him to take steps to give protection to the law-abiding citizens of the State, under the promises of the Constitution of the United States, Adopted September 1st, 1868. [Signed) F. S. KICHAEDS, ■jfr-HUH-M-* Speaker of House of Representatives. I SEAL, j D. W. C. SENTEK, t^H.-M-lH-t Speaker of the Senate. I certify the above is a true copy of the original resolution. (Signed) _ J. M. ALEXANDER, Engrossing Clerk of the House of Representatives. I certify that the Honorable Wm. H. Wisener was appointed on the part of the Senate. Senate Chamber, Nashville, September 7th, 1868. D. W. C. SENTER, Speaker of the Senate. I certify that Messrs. T. A. Hamilton and J. H. Agee were appointed on the part of the House of Representatives. Nashville, Tenn., September 7th, 1868. F. S. RICHARDS, Speaker of the House of Representatives. War Department, Washington City, Sept., 11th, 1868 To the Honorable Wiii. H. Wisener, T. A. Hamilto7i and J. H. Agee, Joint Select Committee of the Legislature of Tennessee: Gentlemen : Your communication of this date to the Presi- dent respecting the present condition of affairs in Tennessee, and urging the President to take steps to give protection to the law-abiding citizens of that State, together with the Joint Resolution of the Legislature under which you were appointed, have been referred to Major General George H. Thomas, com- manding the Department of the Cumberland, for his information. Major General Thomas has also been directed to report with- out delay what military force, in addition to that now under his command, will be required to enable him to give all the necessary aid to the civil authorities of Tennessee to execute the laws,preserve the peace and protect the law-abiding citizens of that State. Upon receipt of General Thomas' report, the necessary military force will be placed at his disposal. The President instructs me to say in reply to your communi- cation, that the military power of the United States will be employed whenever and so far as it may be necessary to protect the civil government of Tennessee against lawless violence, and enable that Government to execute the laws of the State and protect its law-abiding citizens. I am, gentlemen, very respectfully, Your obedient servant, J. M. SCHOFIELD, Secretary of War. War Department, Washington City, Sept. 11th, 1868. Major General George H. Thomas, Cmnmanding Department of the OiLinherland: General: Messrs. Wm. H. Wisener, T. A. Hamilton and J. H. Agee, a Committee appointed by the Legislature of Ten- nessee, have waited upon the President and represented to him the present condition of affairs in Tennessee, and urged him to take steps to give protection to the law-abiding citizens of that State. A copy of the joint resolution under which the com- mittee was appointed, and of a written communication from the committee to the President, are furnished herewith for your information. You will please report without unnecessary de- lay, what force, in addition to that now under your command, will be required to enable you to give all necessary aid to the civil authorities of Tennessee to execute the laws, preserve the peace, and protect the law-abiding citizens of the State. The instructions heretofore given from this Department are deemed sufficient for your government. It was the purpose of these instructions to confer upon you all the power which the laws allow, and it is the wish of the President that you exercise it within the limits of your lawful authority — full discretion in your action to the end that in any event the peace may be preserved. Very respectfully, your obedient servant, &c., J. M. SCHOFIELD, Secretary of War. LIBRARY OF CONGRESS 014 612 435 5