•IN ACT to Maise, Organize mid Equip, a
Provisional Force, and for other pur-
poses.
Section 1. i?e ?£ enacted by the General Assembly of the State
of Tennessee, That it shall be the duty of the Governor of the
State to raise, organize and equip, a provisional force of volun-
teers for the defence of the State, to consist of fifty-five thou-
sand volunteers, twenty-five thousand of whom, or any less
number which the wants of the service may demand, shall be
fitted for the field at the earliest practicable moment, and the re-
mainder of which shall be held in reserve, ready to march at
short notice. And should it become necessary for the safety
of the State, the Governor may call out the whole available
military strength of the State.
Sec. 2. Be it further enacted, That in the performance of
this duty, the Governor shall take charge of the military,
direct the military defence of the State, organize the different
arms, and with the concurrence of the Military and Financial
Board, hereinafter provided for, control the military fund, make
contracts for arms, ordnance, ordnance stores, procure material
for the construction of arms, employ artificers, organize one
or more armories for the construction of arms, and do all
other things necessary for the speedy and efficient organiza-
tion of a force adequate for the public safety. And he shall
organize a Military and Financial Board, to consist of three
persons, of which he shall be, ex officio, President, and who
shall discharge such duties as he may assign them in effecting .
The objects and purposes of this act, and appoint such numbeft#
of clerks as may be necessary under such rules and regulations
as they may adopt.
Sec. 3. Be it further enacted, That the force provided for by
this act, shall be organized into regiments, brigades and di-
visions, the whole to be commanded by the senior Major
General, who shall immediately enter upon the duty of organ-
izing the entire force for the field; the force authorized by this
act shall be mustered into service for the period of twelve
months, unless sooner discharged.
Sec. 4. Be it further enacted, That the staff of said force
shall consist of one Adjutant General, one Inspector General,
one Paymaster General, one Commissary General, one Quar-
termaster General, and one Surgeon General, with such num-
ber of assistants of each as the wants of the service may re-
quire; and that the rank of Quarter master General, Inspec-
tor General, Adjutant General, and Commissary General, shall
be that of Colonel of Cavalry, and the rank of their assistants
shall be that of Lieutenant Colonel, Major of Infantry, and
Captain of Cavalry; all of whom shall be appointed by the
Governor, subject to the confirmation of the General Assem-
bly in joint session.
Provided, That the Governor may fill vacancies in said
offices, occurring when the Legislature may not be in session,
and the appointees shall at once enter upon the discharge of
their duties, subject to the confirmation of the Legislature when
thereafter in session. There shall likewise be appointed by
the Governor, subject to like confirmation, one ordnance offi-
cer, with the rank of Colonel of Infantry, who shall take
charge of the Ordnance Bureau of the State, direct the con-
struction of arms, under the Governor and Military and Finance
Board, receive or reject the same, certify the fulfillment of
contracts, and have the general supervision of the armory of
the State, with such assistants as the service may require, not
exceeding three, who shall have the rank and pay of Captain
of Infantry. The members of the Military and Financial
Board shall be nominated by the Governor and confirmed by
the General Assembly.
Sec. 5. Be it further enacted, That there shall be organized
by the Governor, a Medical Department, consisting of a Sur-
geon General, and two other Surgeons; the members of which
Department shall be nominated by the Governor and confirmed
by the General Assembly, who shall examine all applicants
for Surgeon and Assistant Surgeon, and certify their qualifica-
tions to the Governor for commission in said service, and which
Department shall be subject to Field service as other Surgeons
of the army. And the said Department are hereby directed, other
things being equal, to recommend from volunteer forces such
Regimental Surgeons and Assistants as the service may require.
Sec. 6. Be it further enacted, That there shall be two Major
Generals, and such number of Brigadier Generals as the proper
and efficient command of said force may require, who shall be
nominated by the Governor and confirmed by the General As-
sembly, with power to appoint their own staff, and ,a Chief of
Engineers, with such assistants as the service may require, to
be nominated and confirmed in the same manner.
Sec. 7. Be it further enacted, That the senior Major Gener-
al shall immediately enter upon the duty of organizing the
whole force for the field. ~ —"trw"*aw*
Sec. 8. Be it furthet enacted, That the Governor be author-
ized to determine the field of duty which the safety of the State
may require, and direct said forces accordingly.
Sec. 9. Beit further enacted, That for the purpose of carry-
ing out the provisions of this act, the Governor of the State is
hereby authorized to issue and dispose of five million dollars of
the bonds of the State of Tennessee, similar in all respects to
the bonds of the State heretofore issued, except that they shall
not have more than ten years to run to maturity, and bear in-
terest at the rate of eight per cent, per annum, payable semi-
annually at such point as may be therein designated ; Provided,
That three millions of said bonds shall be held as a contingent
reserved fund, and not used unless in the opinion of the Gov-
ernor, by and with the concurrence and advice of the Military
and Financial Board, the exigencies of the service and the
public safety imperatively demand it; and said bonds shall be
in denominations of not less than one hundred, or greater
than one thousand dollars.
Sec. 10. Be it further enacted, That the public faith and
credit of the State is hereby pledged for the payment of the
interest on said bonds and the final redemption of the same ;
and that an annual tax of eight cents on the one hundred
dollars on the property, and one half cent upon the dollar
on sales of merchandize or invoice cost, whether bought
in or out of the (State of Tennessee, which said one half of
one per cent, is to be in lieu of the one-fourth of one per cent,
now levied, be assessed and set apart and held sacred for the
payment of the interest on said bonds, and the creation of a
sinking fund for their final redemption; Provided, That no
more of said tax than is sufficient to pay the interest on said
bonds shall be collected, until the expiration of two years from
the issuance of the same, and that the whole amount of said
sinking fund shall from time to time, as the same may accumu-
late, be used by the Governor in the purchase of said bonds;
Provided, They can be had at a price not exceeding par rates.
Sec. 11. Be it further enacted, That Banks and Branches
purchasing said bonds from the Governor, shall have the priv-
ilege of classing the bonds so purchased, in the classification
of their assets, as specie funds; and that the banks of the
State are hereby authorized to invest their means in said bonds ;
Provided, That the State shall have the right to pay said bonds
so purchased and held by said banks in their own notes; and
individuals owning said bonds, having purchased the same pre-
viously of the State, shall hold the same free from taxation,
either State, county, or otherwise.
Sec. 12. Be it further enacted, That in order to save expen-
ses, so much of the act of the late extra session of the Legis-
lature as requires the Supervisor to make monthly publications
of bank movements, be, and the same is hereby repealed.
Sec. 13. Be it further enacted, That when peace shall be re-
stored to the country, or the present danger pass away, that
the Governor of the State, or other rightful authority under
which said force may be at the time acting, shall issue a pro-
clamation declaring the fact, and shall thereafter discharge the
forces raised under this act, and from and after which this act
shall cease to be in force.
Sec. 14. Be it further enacted, That the County Courts
of this State are empowered to assess and collect a tax on
property and privileges in their respective Counties, to provide
a fund for the relief and support of families of volunteers whilst
in actual service, when, from affliction or indigence, it may be
necessary; Provided that the said fund thus raised shall, in all
cases, be expended for the benefit of the families of volunteers
residing in the county where the same is raised; and the Rev-
enue Collector^for collecting said tax, shall receive no_ coin-
Sensation—and the same shall be paid by him, under order of
the County Court, to the persons to whom the same may be
appropriated.
Sec. 15. Be it further enacted, That the County Courts be
authorized to issue County Scrip anticipating the tax necessary
in effecting the objects of the preceding section.
Sec. 16. Be it further enactedI, That the County Courts
of this State are authorized and empowered to appoint and
raise semi-annually a Home Guard of Minute Men, whose
term of service shall be three months, in their respective limits,
to consist of companies of not less than ten for each Civil Dis-
trict, whose officers, when elected by the companies respect-
ivety, shall be commissioned by the County Courts, and whose
duty it shall be to procure a warrant from some Justice of the
Peace and arrest all suspected persons and bring them before
the Civil Authorities for trial—to see that all slaves are dis-
armed—to prevent the assemblages of slaves in unusual numbers
—to keep the slave population in proper subjection, and to see
that peace and order is observed. The Home Guard of Min-
ute Men shall be armed and equipped by each County at its
own expense, and a tax may be assessed and collected for the
purpose, as well as to compensate those engaged in this branch
of duty, if, in their discretion, compensation should be made.
The Home Guard shall assemble in their respective Districts
to take precautionary measures, at least once in each week, at
the call of the commanding officer, and shall be momentarily
ready for service at his call. Persons engaged in this br&nch
of duty shall, upon failure to obey the call to duty by the Com-
mander, forfeit not Jess than one dollar nor more than five for
each offence, to be collected in the name of the Chairman of
the County Court before any Justice of the Peace, to be applied
by the County Court in defraying the expenses of this branch
of the public service, unless such failure was the result of sick¬
ness or other good cause. A General Commander shall be
appointed for each County by the several County Courts,
whose duty it shall be, when necessary, to take charge of all
the Home Guard Minute Men in his County and direct their
operations. And the County Court is authorized to issue
County Bonds or Scrip for the purpose of raising money im-
mediately to meet the expenses contemplated by this section.
Sec. 17. Be it further enacted, That the property of all vol-
unteers raised under the provisions of this act shall be exempt
from execution and other civil process whilst in actual service ;
but this section shall not apply to the Home Guards.
Sec. 18. Be it further enacted, That the Governor, in raising
the volunteers provided for in this act, shall have the discre-
tion to accept into the service volunteer companies tendered
from other States and from the Confederate States, if, in his
opinion, the exigencies of the service or the public safety re-
quires it.
Sec. 19. Be it further enacted, That each Regiment of In-
fantry shall consist of one Colonel, one Lieutenant Colonel,
one Major, and ten companies; each company shall consist of
one Captain, one First Lieutenant, two Second Lieutenants,
four Sergeants, four Corporals, two Musicians, and not less
than sixty-four nor more than ninety privates,; and to each
Regiment there shall be attached one Adjutant, to be selected
from the Lieutenants, and one Sergeant Major, to be selected
from the enlisted men of the Regiment by the Colonel. The
Regiment of Cavalry shall consist of one Colonel, one Lieuten-
ant Colonel, one Major, and ten companies, each of which shall
consist of one Captain, one First Lieutenant, two Second
Lieutenants, four Sergeants, four Corporals, one Farrier, one
Blacksmith, two Musicians, and sixty Privates. There shall
be one Adjutant and one Sergeant Major to be selected as
aforesaid.
Sec, 2Q. Be it further' enacted, That each Regiment shall--
elect its own Colonel, Lieutenant Colonel, and Major, and that
each Company shall elect its Captain, its Lieutenants, Ser-
geants, and Corporals. Regimental Musicians shall be ap-
pointed by the Colonel, and the Company Musicians by the
Captains of Companies. The Colonel shall appoint his Staff
from his command.
Sec. 21. Be it further enacted, That the pay of Major Gen-
eral shall be three hundred dollars per month; of Brigadier
General two hundred and fifty dollars per month. The Aid-
de-Camp of a Major General, in addition to his pay as Lieu-
tenant, shall receive forty dollars per month, and the Aid-de-
Camp of a Brigadier General shall receive, in addition to his
pay as Lieutenant, the sum of twenty-five dollars per month.
The monthly pay of the officers of the corps of Engineers shall
be as follows : Of the Colonel, two hundred and ten dollars;
of a Major, one hundred and sixty two dollars ; of a Captain,
one hundred and forty dollars ; Lieutenants serving with a
Company of' Sappers and Miners shall receive the pay of
Cavalry officers of the same grade. The monthly pay of the
Colonel of the Corps of Artillery shall be two hundred and ten
dollars; of a Lieutenant Colonel, one hundred and eighty-
five dollars; of a Major, one hundred and fifty dollars; of a
Captain, one hundred and thirty dollars ; of a First Lieuten-
ant, ninety dollars; of a Second Lieutenant, eighty dollars;
and the Adjutant shall receive in addition to his pay as Lieu-
tenant, ten dollars per month. Officers of Artillery serving in
the Light Artillery, or performing ordnance duty, shall receive the
same pay as officers of Cavalry of the same grade. The monthly
pay of the Infantry shall be as follows : Of a Colonel, one hun-
dred and seventy-five dollars; of a Lieutenant Colonel, one
hundred and seventy dollars ; of a Major, one hundred and
fifty dollars; of a Captain, one hundred and thirty dollars; of
a First Lieutenant, ninety dollars; of a Second Lieutenant,
(3)
eighty dollars ; the Adjutant ten dollars per month in addition
to his pay as Lieutenant. The monthly pay of the officers of
Cavalry shall be as follows : Of a Colonel, two hundred dol-
lars ; of a Lieutenant Colonel, one hundred and seventy-five
dollars; of a Major, one hundred and fifty-two dollars; of a
Captain, one hundred and thirty dollars; of a First Lieutenant,
ninety dollars ; of a Second Lieutenant, eighty dollars ; the
Adjutant ten dollars per month in addition to his pay as Lieu-
tenant. The pay of the officers of the general staff, except
those of the medical department, shall be the same as officers
of the second grade.
The Surgeon General shall receive an annual salary of
twenty five hundred dollars, which shall be in full of all pay
and allowance. The pay per month of the Major Generals'
staff shall be the same as officers of the same rank in the in-
fantry service. The monthly pay of surgeon shall be the same
as that of Major-of Cavalry, and the pay of Assistant Surgeon
shall be the same as the pay of First Lieutenant of Cavalry;
and the rank of Surgeon shall be that of Major of Cavalry,
and that of Assistant Surgeon the same as of the First Lieu-
tenant of Cavalry.
Sec. 22. Be it further enacted, That the pay of officers as
herein established shall be in full of all allowances, except
forage for horses actually in service, and the necessary travel-
ing expenses while traveling under orders; Provided, That
officers shall not be entitled in any case to draw forage for a
greater number of horses, according to grade, than as follows:
the Major General five, the Brigadier General four, the
Adjutant and Inspector General, Quarter Master General,
Commissary General, and the Colonel of Engineers, Artillery,
Infantry, and Cavalry, three each. All Lieutenant Colonels,
and Majors, and Captains of the General's staff, Engineer
corps, Light Artillery, and Cavalry, three each. Lieutenants
---g^r-ving in the corps of Engineers, Lieutenants of Light-ArtiL
lery, and of Cavalry, two each. No enlisted man in the ser-
vice of the State shall be employed as a servant by any officer
of the army. The monthly pay of the enlisted men of the
army of the State shall be as follows: that of a Sergeant or
Master Workman of the Engineer corps, thirty dollars; that of
a Corporal or Overseer, twenty dollars; Privates of the first
class, or Artificers, seventeen dollars, and Privates of the
second class, or Laborers and Musicians, thirteen dollars. The
Sergeant Major of Cavalry, twenty-one dollars; First Ser-
geants, twenty dollars ; Sergeants, seventeen dollars ; Corpo-
rals, Farriers, and Blacksmiths, thirteen dollars; Musicians,
thirteen dollars, and Privates, twelve dollars. Sergeant
Major of Artillery and Infantry, twenty-one dollars; First
Sergeants, twenty dollars each , Sergeants, seventeen dollars ;
Corporals and Artificers, thirteen dollars; Musicians, twelve
dollars, and Privates, eleven dollars each. The non-cornmis-
sioned Officers, Artificers, Musicians, and Privates serving in
light batteries shall receive the same pay as those of Cavalry.
Sec. 23. Be it further enacted, That each enlisted man of
the army of the State shall receive one ration per day, and a
yearly allowance of clothing; the quantity and kind of each
to be established by regulation of the Military and Financial
Board, to be approved by the Governor. Rations shall gen-
erally be issued in kind, unless under circumstances rendering
a commutation necessary. The commutation value of the ra-
tion shall be fixed by regulation ol the Military and Financial
Board to be appointed by the Governor.
Sec. 24 Be it further enacted, That all the Officers in the
Quartermaster's and Commissary Departments shall, previous
to entering on the duties of their "respective offices, give bonds
with good and sufficient security, to the State of Tennes-
see, in such sum as the Military and -Financial Board shall
direct, lully to account for all monies and public property
which they may receive. Neither the Quartermaster General,
the Commissary General, nor any other or either of their As-
sistants, shall be concerned, directly or indirectly, in the pur-
chase or sale of any articles intended for, making a part of, or
appertaining to, public supplies, except for and on account of
the State of Tennessee; nor shall they, or either of them, take
or apply to his or their own use, any gain or emolument for
negotiating any business in their respective departments, other
than what is or may be allowed by law.
The Rules and Articles of War established by the laws of
the United States of America for the government of the army
are hereby declared to be of force, except wherever the words
" United States" occur, " State of Tennessee" shall be substi-
tuted therefor; and except that the Articles of War numbers
sixty-one and sixty-two are hereby abrogated, and the following
substituted therefor:
Art. 61. Officers having brevets or commissions of a prior
date to those of the corps in which they serve, will take place
on courts martial or of inquiry, and on boards detailed for
military purposes, when composed of different corps, according
to the ranks given them in their brevet or former commissions,
but in the regiment, corps, or company to which such officers
belong, they shall do duty and take the rank, both in courts
and on boards, as aforesaid, which shall be composed of their
own corps, according to the commission by which they are
there mustered.
Art. 62. If upon marches, guards, or in quarters, different
corps shall happen to join or do duty together, the officer high-
est in rank, according to the commission by which he is mus-
tered into the army, there on duty by orders from competent
authority, shall command the whole, and give orders for what
is needful for the service, unless otherwise directed by the Gov-
ernor of the State, in orders bf special assignment providing
Sec. 25. Be it further enacted, That all mounted non-com-
missioned officers, privates, musicians, and artificers shall be
allowed forty cents per day for the use and risk of their horses;
and if any mounted volunteer shall not keep himself provided
with a serviceable horse, such volunteer shall serve on foot.
For horses killed in action, or that die from injuries received in
the service, or for want of forage, volunteers shall be allowed
compensation according to their appraised value at the date of
mustering into service.
Sec. 26. Be it further enacted, That the Military Board shall
procure for the service a supply of the army regulations of the
United States, and provide by regulation a badge to designate
the grade of officers in the service, and such flags and banners
as may be necessary.
Sec. 27. Be it further enacted, That the .pay of volunteers
who have been enrolled for service before the passage of this
act, if actually mustered into service, shall be counted from the
time of their enrolment, and the commanding officer of artillery
may appoint recruiting officers, to muster into service recruits
to be assigned to companies afterwards, who shall receive pay
and subsistence from time of enrolment.
Sec. 28. Be it further enacted, That any ten companies, with
the requisite number of men, offering themselves in a body,
shall be mustered into service as a regiment, and may imme-
diately organize by electing their field officers, and be commis-
sioned by the Governor. The seniority of Captain shall be
fixed by the Brigadier General regularly in command ; Provi-
ded, That in all cases where regiments shall have previously
organized and elected their officers, such organization and elec-
ti m may be treated by the Governor as good and valid.
Sec. 29. Be it further enacted, That each of the members
of the Military and Financial Board shall receive compensa-
tion at the rate of fifteen hundred dollars per annum.
(4)
Sec. 30. Be it further enacted, That officers of artillery,
from Colonel to Captain, inclusive, shall be nominated by the
Governor and confirmed by the General Assembly.
Sec. 31. Be it further enacted, That all persons against whom
indictments or presentments for misdemeanors may be pending,
and who have enlisted under this act in the service of the State,
the same may be dismissed in the discretion of the Judge be-
fore whom the same is pending, as well as forfeitures against
the defendant and his securities.
Sec. 32. Be it further enacted, That the keeper of the public
arms be, and he is hereby directed to make suitable and proper
arrangements for the convenience and protection of the arse-
nal of the State; and that for the expenses incurred for such
purposes, the sum of twelve hundred dollars is hereby appro-
priated, for which the Comptroller will issue his warrant upon
the treasury, upon the certificate of such keeper, and approved
of by the military board.
Sec. 33. Be it further enacted, That the municipal authori-
ties of all incorporated towns in this State be authorized to
borrow money by issuing the bonds of such corporation, or
otherwise, for the military defence of such town ; and in all
cases where corporate authorities of said towns have already
issued their bonds for the purpose aforesaid, the same is hereby
declared legal and valid.
Sec. 34. Be it further enacted, That to enable the County
Court to carry into effect without delay the provisions of the
fourteenth, fifteenth and sixteenth sections of this act, the
Chairman of the County Court is empowered to assembJe at
any time the members of the Quarterly Court, who, when as-
sembled, shall have all the powers exercised by them at the
regular quarterly sessions.
Sec. 35. Be it further enacted, That the corporate authori-
ties of towns and cities are hereby empowered and authorized
to levy a military tax upon personal and real estate, not to
exceed the one-half of one per cent., and on privileges, not
greater than one-half the amount now paid to the State; such
money to be raised shall be used for military purposes under
the direction of the authority so levying and collecting the
same. *
Sec. 36. Be it further enacted, That it shall be the duty of
the Inspector General of the State, to be appointed under this
act, and such assistants as the Governor may appoint, to muster
into the service of the State of Tennessee, each company and
regiment after the same are inspected, at such times and places
as the Governor shall designate, and when said troops are so
mustered into the service of the State, they shall be subject to
all the rules and articles of war, as adopted by this act.
Sec. 37. Be it further enacted, That it shall be the duty of
each Captain, upon being mustered into the service, to furnish
a complete roll of the officers and men in his company to the
Inspector General, who shall file one copy of the same in the
Adjutant General's office, and one copy to be delivered to the
Colonel of each regiment then formed, and it shall be the duty
of the Adjutant General to furnish blank forms to the Captains
of companies.
Sec. 38. Be it further enacted, That the Governor, by and
with the consent of the Military and Financial Board or Bu-
reau, shall be authorized to purchase and carry on any manu-
factory or manufactories of gunpowder, which may be deemed
necessary for the use of the State, purchase or lease any inte-
rest in any lead, saltpetre, or other mines, and work the same
for the use of the State ; and may, also, in the name of the
State, make contracts for the manufacture of fire arms or any
other munitions of war to be manufactured in the State, and
make such advancements in payment for the same as may be
deemed advisable to insure the ready and speedy supply there-
of for the use of the State; Provided, That when such contract
is made or entered into, the individual or company making the
same shall give bond and security for the repayment thereof,
if the arms or other munitions of war for which such advance-
ment may be made shall not be furnished within the time
agreed upon for their delivery, or shall not be of the character
contracted for.
Sec. 39. Be it further enacted, That for the purpose of aid-
ing in supplying the State with arms for the public defence,
that the act of the 30th of January, 1861, incorporating the
Memphis Arms Company be, and the same is hereby confirmed,
and the corporators declared to be entitled to exercise all the
rights and privileges intended to be given by said act. And it is
further enacted, that M. Clusky, John Overton, Robert C.
Brinkley, Sam. Tate, M. J. Wicks, Roberson Topn, Wm. R.
Hunt, Fred. W. Smith, J. E. R. Ray, Moses White, and Edm'd.*
Munford be added to the list of corporators.
Sec. 40. Be it further enacted, That the Governor and all
other authorities having charge of finances iff the moverfrgfft^
contemplated by this act, shall make full reports to the Gene-
ral Assembly of the State, of the amount expended, as well as
the various purposes for which said expenditures may have
been made.
Sec. 41. Be it further enacted, That this act take effect from
and after its passage.
W. C. WHITTBORNE,
Speaker of the House of Representatives.
B. L. STOVALL,
. Speaker of the Senate.
Passed May 6, 1861.
A true copy:
J. E. R. RAY, Secretary of State.