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 Book TTZZIe 
 
SPECIAL MESSAGE 
 
 s &©^SS 
 
 IN RELATION TO 
 
 MOB VIOLENCE. 
 
 Q 
 
 Wednesday, February 2, 1870. 
 
 NASHVILLE: 
 
 JONES, PURVIS & CO., PRINTERS TO THE STATE. 
 
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 e. Q:<^v^rv)or'^ llL^-l^ll (D ^ W/if1~ 
 
 SPECIAL MESSAGE 
 
 OF THE GOVERNOR, 
 
 T>.^iSr. C. SEISTTER, 
 
 IN RELATION TO 
 
 m:ob violence. 
 
 SUBMITTED FEBRUARY 3, 1870. 
 
 NASHVILLE : 
 JONES, PURVIS & CO., PRINTERS TO THE STATE. 
 
 1870. 
 

MESSA.aE. 
 
 Gentlemen of the ^Senate and House of Representatives : 
 
 It is with profound regret I realize the necessity of directing your 
 attention to the alarmingly frequent violence to the peace and dignity 
 of the State, in the maltreatment, and even atrocious murders of her 
 citizens, by persons generally reported in disguise or unknown. Many 
 of the State's citizens have been outraged in their privileges and per- 
 sons, by cruel indignities ; not a few slain outright, without charge of 
 having, in anywise offended the laws; while others under criminal 
 charges, have been forcibly wrested from the custody of the law, and 
 their blood deliberately shed by bodies of men without the least 
 shadow of authority. That these enormities can be in our midst 
 without the perpetrators, in a single instance, being even arrested to 
 answer for their lawless and criminal acts, demonstrates the existence 
 of organizations on their part, not only dangerous to the individual 
 citizen and adverse to the public dignity, but formidable even to the 
 public peace and safety. 
 
 While the law lately enacted for suppression of these outrages must 
 do honor to the purposes of your honorable body, I trust it will not be 
 accepted as an impropriety on my part, to respectfully suggest doubts 
 of its sufficiency to reach and remedy the evils aimed at; as not a 
 single arrest has yet been made lor the grossest violations of already 
 existing laws, although such violations have been frequent; and the 
 largest rewards allowed, have been often, if not invariably, offered to 
 
bring the offtnclcrs to justice, it may bo fairly concluded that they are 
 protected by organizations adeiinato, by terrorism, the force of num- 
 bers, or other means, to effect security against the ordinary civil pro- 
 cess and officers of the law. The public misfortune seems not so 
 much a want of law^tt||^fpowerto enforce that we have. 
 
 That, in some instHBIj^iepeaccofficers of a county should be 
 under the influence, or even in confederation with the criminals, or 
 that the body of its people should be prevented, by terror, from co- 
 operation for their suppression, is not more marvelous than that such 
 crimes, in the most heinous form, should have been so often repeated 
 in this State with such universal impunity. 
 
 In this vievr, I recommend that (if not contrary to our State Con- 
 stitution) our statutes be so amended that the Executive shall have 
 power, at his discretion, to appoint, for counties where such violations 
 of law are committed, and no arrest of the offenders made, special 
 officers, with all of the powers of Sheriffs to summon posses, make 
 arrests, and do all like things necessary to bring offenders to justice. 
 Such officers to be commissioned as peace officers of the State, and 
 clothed with all the protection, in exercise of their lawful powers and 
 duties, which can be afforded officers of the law ; and also, that the 
 Plxecutive be authorizied, by law, to appoint and commission special 
 Prosecuting Attorneys in Judicial Circuits where there maybe, in his 
 judgment, default on the part of the regular Attorney-General in the 
 proper prosecution of such ofFeuders to indictment and conviction in 
 the courts — such appointments liy the Governor to ))e confirmed by 
 the Senate, if in session. 
 
 It will be observed that my recommendations of remedies for the 
 evils indicated, have, thus far, been strictly confined to means within 
 civil law ; and as I have never, during my administration of its 
 duties, murmured at the disposition of any to diminish the powers of 
 the Executive of the State, it will certainly not be considered that I 
 now suggest any increase of such powers for other purposes than the 
 maintenance of order and suppression of violence. If there is a valid 
 
constitutional objection to the course suggested, then I recommend 
 that your honorable body adopt such measures as will most tend to en- 
 able the Executive to secure, in all counties of the State, the most effi- 
 cient practicable support to the laws, and protection of society. Surely, 
 confession that the governing powers of our State are impotent to 
 remedy these heinous outrages cannot be reconciled with the proud 
 claim that we enjoy the most perfect form of government yet devised 
 by the wisdom and experience of man. Perhaps the distinctive 
 genius of our republican institutions is not that we are less, but that 
 we are better, governed than those under other systems. Not so much 
 that the ruler, with us, is less absolute than even Sultan or Czar, but 
 rather that, while these are but human, wearing all the frailties and 
 vices of humanity, the other, in the purity of a principle, and un- 
 swayed by such imi)erfections, under its majestic title, " The Law, 
 without partiality or prejudice," commands what is right, and pro- 
 hibits what is wrong, " equally to all." Let every citizen but feel 
 that the arm of the law in its power alike reaches the strongest in his 
 guilt and protects the weakest in his innocence; that, " in his lying 
 down and his going forth," under its invincible shield, he is secure 
 against all save the law, and its absolutism can never be felt by any 
 as tyranny; but so shall the State have honor abroad, security at home, 
 and reverence in the hearts of all its citizens. 
 
 Gentlemen, in contrast to this the evils mentioned are with us. 
 Shall we, under our solemn duties, and with the ample powers of pre- 
 vention, permit citizens, in the darkness of night, to be snatched 
 from their homes by the hand of violence, and subjected to death 
 penalties, without even the form of accusation ? Shall the State's 
 high prerogative to dispose of the life of her subjects be usurped by 
 armed bands, wearing strange disguises, instead of the mantle of her 
 law? Even if we could thus prove untrue to ourselves and solemn 
 trusts, it would not avail free judgment final, in favor of violence 
 and against the citizen's security, the law's enacting, and the dignity 
 
6 
 
 of the State ; for, lot it l)e considered, in onr political relations and 
 obligations, \vc are but component, subject parts of a great, supreme 
 government, with purpose noble and fixed, to assure protection, for 
 allegiance, to its citizens in each part of its wide domain ; and that 
 its power is yet to be fathomed by opposition from abroad or at home. 
 
 D. ^V. C. SENTER. 
 
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