Disunion and Restoration in Tennessee / Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Faculty of Political Science, Columbia University

by John Randolph Neal

After the fall of Fort Donelson, on February 15, 1862, the greater part of Tennessee soon came into the possession of the Union army, president Lincoln immediately appointed Andrew Johnson military governor. Athough vested with almost unlimited powers, Governor Johnson had at first little opportunity for their exercise, as the Union army did not remain in peaceful possession of the State. Along the southern border raged the bloody battles of Shiloh, Chickamauga, and Missionary Ridge.

By the fall of 1863, the tide of battle had rolled so far southward that the soil of Tennessee was at last free from contending armies. The time had now arrived for the restoration of civil government. But Governor Johnson felt secure in the exercise of his power only so long as it rested upon a military basis. He therefore seemed in no hurry to reorganize the State government. He contented himself with filling the vacant offices, most of which under the laws were elective, by the appointment of his political friends thereto.

The leaders of the Union men in the State, the majority of whom were never in sympathy with Johnson, began to grow restive under his military dictatorship.

In May, 1864, occurred Johnson’s nomination for the Vice-Presidency. He naturally desired to obtain the electoral vote of his own State. A Convention was therefore called to meet in Nashville for the purpose of nominating an electoral ticket. The Union leaders seized the opportunity which the Convention presented for perfecting an organization of the Union party. A committee was appointed by the Convention, and empowered to issue a call for a second Convention.

The second Convention was called to meet in Nashville, Dec. 19, 1864. It failed to convene on the day appointed, as Nashville was at that time threatened by Hood’s army. The defeat of the Confederate forces in the battle of Nashville removed the danger, and the Convention came together on the third day of January, 1865.

The work of the Convention was summed up in the passage of one resolution.[9] The first section contained this statement of the authority under which it claimed to act: “Whereas the first article and the first section of the Declaration of Rights in the Constitution of the State of Tennessee declares, ‘That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and that for the advancement of these ends they have at all times an inalienable and indefeasable right to alter, reform, or amend the governments as they may think proper,’ We, the people of Tennessee, in Convention assembled, do propose the following alterations and amendments to the Constitution, which, when ratified by the sovereign loyal people shall be and constitute a permanent part of the Constitution of Tennessee.“ This assertion of constituent powers by the Convention was purely a revolutionary act. The Constitution could be legally changed only in the manner prescribed by the Constitution itself. In the third section of the eleventh article, it provided that all amendments must originate with the State Legislature. In no sense could the Convention be held to represent the Legislature. It was therefore in the eyes of the law a body of private citizens.

The second section of the resolution passed by the Convention contained the proposed amendments. The most important were: the abolition of slavery, the declaration of the invalidity of the secession acts, and an article giving the Legislature the power to determine the suffrage. It was further provided that these amendments should be submitted to a vote of the people, and if ratified by the majority of those voting, the military governor was ordered to hold an election for Governor and Legislature. All voters should be required to take the following oath: “I solemnly swear that I will henceforth support the Constitution of the United States, and defend it against the assaults of all its enemies; that I am an active friend of the government of the United States, and the enemy of the so-called Confederate States; that I ardently desire the suppression of the present rebellion against the United States; that I rejoice in the triumph of the armies and navies of the United States, and in the defeat of the armies, navies, and all other armed combinations of the so-called Confederate States; that I will cordially oppose all armistices or negotiations for peace with rebels in arms until the Constitution of the United States and all laws and proclamations made in pursuance thereof, shall be established over all the people of every State and territory embraced within the national Union; and that I will heartily aid and assist the loyal people in whatever measures may be adopted for the attainment of these ends; and further, that I take this oath freely and voluntarily and without mental reservation, so help me God.”

This test oath marks the first grave departure from President Lincoln’s plan. He had suggested a simple oath “to henceforth” support the Constitution on the principle, as he expressed in his message to Congress, that “that test is a sufficient one which accepts as sound whoever will make a sworn recantation of his former unsoundness.” This test oath, framed by the Convention, went much further and virtually disfranchised all who had served in the Confederate army.

The Convention completed its labors by nominating a candidate for Governor, and a general ticket for the Legislature. It thus combined the functions of a political and constitutional convention.

Governor Johnson now had no motive for delaying the reorganization of the State government, as it was only a month until his inauguration as Vice-President. He thereupon gave force to the action of the Convention by a proclamation ordering a vote of the people to be taken in the mode prescribed by the Convention. The election was held on February 22d, and resulted in 25,293 for, 48 against. On February 25th, Johnson issued a second proclamation declaring the amendment ratified, and ordering an election for Governor and Legislature. The second election occurred on the 4th of March. W. G. Brownlow, the candidate for Governor, received 23,352 votes against 35 scattering. The legislative candidates received the same number of votes as the election was by general ticket.