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 TENNESSEE TROUBLES. 
 
 i^ E] IP o :e^ T 
 
 THE JOIISTT COMMITTEE 
 
 APPOINTED AT THE 
 
 EXTH^ SESSIOIS" 
 
 Thirty-Fifth Genera! Assembly of Tennessee, 
 
 To wait on the President of the United States, and solicit protection 
 for the loyal citizens of the State. 
 
 Submitted to the Governor Sept. i6, 1868. 
 
 NASHVILLE, TENN.: 
 S. C. MERCER, PRINTER TO THE STATE. 
 
 1868. 
 
73 f 
 
 
The Tennessee Troubles. 
 
 Report of the Joint Committee appointed by tfie Legislature to 
 wait on tlie President of tlie United States. 
 
 Xashville, Tenn., ] 
 Sept. 16th, 1868. J 
 
 To His Excellency W. G. Brownlow, 
 
 Governor of Tennessee : 
 
 The undersigned were appointed 
 under a joint resolution of the Leg- 
 islature 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 ap- 
 pointed, 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 ac- 
 companies this report. This was 
 presented to the President, and re- 
 ceived by him io the spirit of frank- 
 ness and candor which was to be ex- 
 pected of the chief executive officer 
 of a great nation. After a full, free 
 and unreserved conversation in re- 
 spect to the affairs in this State, and 
 the matters contained in our address, 
 
 as well with the Secretary of "War 
 as the President, we received for 
 answer the accompanying letter of 
 Gen, Schofield, Secretary of War, 
 inclosing also a copy of the order 
 issued to Major General Thomas, 
 commanding the Department of the 
 Cumberland. 
 
 We scarcely need add that our 
 reception by the President was kind 
 and cordial, as also was our inter- 
 view with the Secretary of War, 
 Gen. Schofield. 
 
 We flatter ourselves tkat we have 
 accomplished much towards quiet- 
 ing 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 em- 
 ployed 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 the of State and protect its law- 
 abiding citizens," This, in our 
 opinion, will have a salutary effect 
 upon that class of persons in Ten- 
 nessee who believe, or say they be- 
 
lieve, that the present State Gov- 
 ernment in Tennessee has no legal 
 or constitutional existence, and that 
 consequently they have a right to 
 resist its authority, or even to over- 
 turn 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 constitution, and have no 
 doubt of his sincerity in what he 
 has ordered. We are further satis- 
 fied that these pledges will be faith- 
 fully carried out and executed. 
 
 We endeavored to embrace, in 
 our address to the President, the 
 true condition of affairs 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 country- 
 men. 
 
 We remain, very respectfully 
 your obedient servant, 
 
 Wm. H. Wisener, Sr., 
 On the part of the Senate, 
 
 Thos. a. Hamilton, 
 
 J. A. Agee, 
 On the part of the House. 
 
 SENATE resolution NO. 10. 
 
 Resolved by the Senate, the House 
 concurring, That a Joint Select Com- 
 mittee, to consist of one on the part 
 of the Senate, and two on the part 
 of the House, be appointed to wait 
 on his Excellency, Andrew Johnson, 
 President of the XJuited 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 provisions of the Consti- 
 tution of the United States. 
 Adopted September 1, 1868. 
 [Signed.] F. S. Eichards, 
 
 r '—' — > -v Speaker House of Eeps. 
 \ SEAL \ D. W. C. Senter, 
 
 ^ — r—' ■' Speaker of Senate, 
 
 I certify that the above is a true 
 copy of the original resolution. 
 
 [Signed.] J. M. Alexander, 
 Engrossing Clerk of the House of 
 
 Eepresentatives. 
 
 I certify that the Hon. Wm. H. 
 Wisener was appointed on the part 
 of the Senate. 
 
 D. W. C. Senter, 
 Speaker of the Senate. 
 Senate Chamber, Nashville, Sept. 
 7th, 1868. 
 
 I certify that Messrs. T. A. Ham- 
 ilton and J. H. Agee were appointed 
 on the part of the House of Eepre 
 sentatives. F. S. Eichards, 
 
 Speaker of House of Eeps. 
 Nashville, Tenn., Sept. 7, 1868. 
 
 To Bis Excellency Andrew Johnson, 
 President of tlie United States : 
 We have been appointed a com- 
 mittee by the Legislature of Ten- 
 nessee to wait upon you and " place 
 fully before you the present condi- 
 tion of affairs in that State, and 
 urge upon you to take steps to give 
 protection to the law-abiding citi- 
 zens of the State, under the provi- 
 sions of the constitution of the 
 United States." We now address 
 vou 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 affairs 
 in Tennessee. 
 
 To do this, Mr. President, would 
 take more time and space than are 
 consistent with a written communi- 
 cation prepared as this necessarily 
 has been. VYe can only touch 
 upon the more prominent affairs of 
 our State. 
 
 First, Mr. President, you are 
 awai-e that the Legislature of Ten 
 nessee has been called together in 
 extra session, and has not yet ad- 
 journed. The main object in call- 
 ing 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 Kuklux Klan — laws 
 which were deemed necessary by 
 his Excellency to suppress such il- 
 legal associations. That a necessity 
 exists for military protection in 
 , some portions of that State the 
 Legislature and committee fully 
 concur. 
 
 That there is such an organiza- 
 tion as the " Kuklux Klan " is now 
 beyond question or pcradventure. 
 In a recent publication made by au- 
 thority, or with the assent of a gen- 
 eral officer of the so-ealled Confed- 
 erate 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 
 — sjme by hanging, some by shoot- 
 ing and some by the slower and 
 more barbarous plan of whipping, 
 
 whilst others are whipped, not un- 
 til death, but severely and dis- 
 gracefully. 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 Fed- 
 eral soldiers, some of whom they 
 kill, others they whip and order 
 from the country on pyin 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, according 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 vio- 
 lence and bloodshed. The mo-^t 
 peaceable, orderly, quiet, and we 
 may say even the most exemplary 
 members of the church are not ex- 
 empt from their midnight visits and 
 are objects of their personal vio— 
 lonce. 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 arc 
 common, particularly among the 
 colored people, against whom the 
 Klan seem to have pe(;uliar and 
 mortal hatred. Many colored -peo- 
 ple have been whij)ped, some of 
 them badly, and some until they 
 have died from its effects, and 
 many of them have been murdered 
 for no other reason or offense than 
 their political opinions and senti- 
 ments. 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 em- 
 ployers 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 excuse or palliation for 
 the wrongs perpetrated upon the 
 citizens ; but there is another class 
 of cases where the Klan take the 
 case into their own hands, where, 
 although there is no .justification, 
 there are circumstances of alleged 
 palliation. These are when a mur- 
 der hag been committed under cir- 
 cumstances 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 Kuklux taken out and hung. 
 There seems to have been no doubt 
 as to his guilt, but this was no Jus- 
 tification 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 be- 
 fore your Excellency the present 
 condition ©f aflPairs 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 be con- 
 victed and punished if tried. These 
 cases of punisdment 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. 
 
 We 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 stHte — and do so with pleasure — 
 that many of the Confederate sol- 
 diers 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 de- 
 clare they are now as willing to 
 fight the Government of the United 
 States as they were at the com- 
 mencement of the rebellion. The 
 more discreet ones of them, how- 
 ever, do not say " Government" in 
 this connection, but say "the Yan- 
 kees." 
 
 Many of them declare that the 
 Stale Government of Tennessee 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 
 men high in the estimation of those 
 forming the late so-called Confed- 
 erate States Government. Kesist- 
 ance to the Government of Ten- 
 nessee and the laws passed by her 
 Legislature since the war, is, in the 
 opinion of the committee, as crimi- 
 
nal 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 neces- 
 sary. To this we reply that it is a 
 fact, no one in any of the counties 
 in Tennessee, as far as we have 
 been able to ascertain, has ever 
 been tried or punished for any 
 of the offenses or class of offenses 
 mentioned 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 would be killed. 
 With this state of alarm and ap- 
 prehension, no one will prosecute. 
 Hence the civil authorities are 
 powerless. 
 
 Again, should any one have the 
 courage and firmness to appear be- 
 fore the grand juries there is no 
 assurance that an indictment would 
 be found. But few of the grand 
 juries, it is apprehended, have none 
 of the Klan in 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 committee 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 prede- 
 cessors, in the hope and expectation 
 that the promises made by those 
 who were opposed to them politi- 
 cally, that soldiers were unnecessa- 
 ry, would be fullfilled. In this they 
 regret to say they were disappoint- 
 ed, for no sooner was the law re- 
 pealed, and the soldiers discharged, 
 than the " Kuklux Klan" sprung 
 up in Tennessee, and commenced 
 their midnight travels and depre- 
 dations. The present condition of 
 affairs, as given above, is s.ustained 
 by sworn testimony before the 
 Committee or Mili'^ary Affairs of 
 the Legislature of Tennessee of 
 witnesses, from various counties in 
 that State,and is corroberated by the 
 personal observation of the com- 
 mittee and confirmed by the his- 
 tory 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 are 
 unable to procure one. 
 
 We 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 citi- 
 zens of the State of Tennessee, un- 
 der the provisions of the constitu- 
 tion of the United States. This we 
 now respectfully 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 Kuklux 
 
6 
 
 Klan, and punish the offenders, but 
 because they (the Legislature) and 
 we deem it better to have Federal 
 troops there to aid in the enforce- 
 ment of the laws and suppress any 
 riots or insurrection that might be 
 attempted or occur. Federal troops 
 are preferred on another ground. 
 They have no local personal likes 
 or dislikes to influence them to 
 commit wrongs on peaceful citizens, 
 nor be subject themselves, after dis- 
 charge from service, to wrongs and 
 outrages for having been in the 
 State military service. Further, 
 this Klan threaten that no more 
 electiona 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 
 force, then probably no election 
 could be held in Tennessee, for the 
 Eepublicans, in the counties 
 where they have the numer- 
 ical strength, might drive 
 the Conservatives from the polls. 
 What we desire is a suflicient 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 imrty he may choose to vote. 
 That this is the determination of 
 the Klan is established by their con- 
 tinued night travels, their saying to 
 Union men, as well white as col- 
 ored, they shall not vote unless they 
 exercise the privilege in a particu- 
 liar way. They are disarming whi.e 
 and colored men wherever they can. 
 The Legislature hoped the numbers 
 of the Klan would decrease, and 
 Iheir outrages would diminish ; but 
 
 in this it was mistaken. It has de- 
 layed action, having a well founded 
 hope and expectation that the ef- 
 forts of certain prominent and dis- 
 tinguished representative men who 
 had pledged their honest endeavors 
 to effect, as far as possible, such a 
 desirable result. Their efforts thus 
 far have, although made in good 
 faith, been crowned with no bene- 
 ficial results. On the contrary, their 
 numbers and violence in many lo- 
 calities are on the increase. Noth- 
 ing is therefore left but to resort to 
 the military, and the Legislature 
 prefers, for the reasons above stated, 
 the Federal instead of the State 
 troops be used. 
 
 We therefore, on behalf of the 
 Legislature of Tennessee, respect- 
 fully urge that you send, as early 
 as practicable — the sooner the bet- 
 ter — 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 j^rotection ex- 
 tended to such officers and citizens 
 as may attempt to execute the laws 
 or prosecute for their violation. 
 The Legislature of Tennessee, in 
 sending us to make the request we 
 have, did so upon the ground that 
 she is a part of the great American 
 Union, contributing to the support 
 of the common Government, enjoy- 
 ing its benifits and blessings, and 
 that they come asking of the Grov- 
 ernment of the United States that 
 which they believed they had a 
 right under the Constitution to ex- 
 pect. 
 
 We respectfully request as early 
 
an answer from your Excellency as 
 it is convenient 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 favorable result to our 
 application, we subscribe ourselves, 
 
 Eesj)ectfully, your obedient ser- 
 vants, W. H. WiSENER, 
 
 On the part of the Senate, 
 Thos. a. Hamilton, 
 J. H. Agee. 
 
 War Department, 
 Washington City, 
 Sept. 11th, 1868. 
 
 To the Ho7i. Wm. H. Wisener, T, A. 
 
 Hamilton and J. H. Agee, Joint 
 
 Select Committee of the Legislature 
 
 of Tennessee: 
 
 Gentlemen : Your communica- 
 tion of this date to the President 
 respecting the present condition of 
 affairs in Tennessee, and urging the 
 President to take steps to give pro- 
 tection to the law-abiding citizens 
 of that State, together with the 
 joint resolution of the Legislature 
 under which yon were appointed, 
 have bee referred to Major General 
 George H. Thomas, commanding 
 the Department of the Cumberland, 
 for his information. 
 
 Major General Thomas has also 
 been directed to report without de- 
 lay 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 mil- 
 itary force will be placed at his dis- 
 posal. 
 
 The President instructs me to say 
 in reply to your communication, 
 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 ex- 
 ecute the laws of the State and pro- 
 tect its law-abiding citizens. 
 
 I am, gentlemen, very respect- 
 fully, your obedient servant, 
 
 J. M. SCHOFIELD, 
 
 Secretary of War. 
 
 War Department, 
 Washington City, 
 Sept. 11th, 1868. 
 Major General George H. Thomas, 
 
 Commanding Department of the 
 
 Cumberland : 
 
 General : Messrs. Wm. H. Wise- 
 ner, T, A, Hamilton and J. H. Agee, 
 a committee appointed by the Leg- 
 islature of Tennessee, have waited 
 upon the President and represented 
 to him the present condition of af- 
 fairs in Tennessee, and urged him 
 to take steps to give protection to 
 the law-abiding citizens of that 
 State. A copy of the joint resolu- 
 tion under which the committee 
 was appointed, and of a written 
 communication from the commit- 
 tee to the President, are furnished 
 herewith for your information. You 
 will please report, without unneces- 
 sary delay, what force, in addition 
 to that now under your command, 
 
8 
 
 will be reqnired 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 hereto- 
 fore given from this department are 
 deemed sufficient for your govern- 
 ment. 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 lim- 
 its 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, etc., 
 
 J. M. SCHOFIELD, 
 
 Secretary of War. 
 
LIBRARY OF CONGRESS 
 
 014 612 440 9 
 
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