Governor Brownlow now had recourse to an extra session of the Legislature. His message was couched in the most violent language. “The rebel element of the State,” he said, “were secretly arming themselves, and perfecting a military organization, known as the Ku-Klux Klan, composed of ex-rebel soldiers, and those in sympathy with them, thus violating their paroles at the time of their surrender, and violating the laws of the State, and plotting and planning mischief in every respect.
“These men have been arming and organizing for a year past, with an eye to the overthrow of the State government, and, ultimately, to carrying the State in the presidential election. Organized upon the same basis, and having the same dark designs in view that found a fit culmination in Booth’s assassination of Abraham Lincoln, it works in secret with signs, symbols, and pass-words, hatching plans to scatter anarchy and permanent disorder wherever it may have an existence. I recommend, most emphatically, that these organized bands of assassins and robbers be declared outlaws by special Legislature, and punished with death wherever found.”[15]
The violent language of the message aroused the greatest alarm among the Democratic leaders of the State. They feared that if the measures recommended by the Governor were adopted, civil war would indeed result. A meeting was held at Nashville in August, and a memorial to the Legislature was framed, by the following men, all of whom had been generals in the Confederate army: N. B. Forrest, B. F. Cheatham, W. B. Bate, J. C. Brown, Bushrod Johnson, Gideon J. Pillow, W. A. Quarles, S. R. Anderson, G. G. Dibrell, and George Maney.
In this memorial they expressed a deep solicitude for the peace and quiet of the State, protested against the charge of hostility to the State government, or of a desire for its overthrow by revolutionary or lawless means, as well as against the charge that those who had been associated with them in the past days contemplated any such rashness or folly; nor did they believe that there was in Tennessee any organization, public or secret, which had such a purpose, and that, if there was, they had neither sympathy nor affiliation therewith. They further declared, that the peace of the State did not require a military organization; that such a measure might bring about and promote collisions rather than conserve the harmony and good order of society; and finally that they would pledge themselves to maintain the order and peace of the State with whatever influence they possessed, and would uphold and support the laws and aid the constituted authorities in their execution, trusting that a reciprocation of those sentiments would produce the enactment of such laws as would remove all causes disturbing society.
“For,” they continued, “when it is remembered that the large mass of white men in Tennessee are denied the right to vote or to hold office, it is not wonderful or unnatural there should exist more or less dissatisfaction among them. And we beg leave respectfully to submit to your consideration that prompt and efficient action on the part of the proper authorities, for the removal of the political disabilities resting upon so many of our people, would heal all the wounds of our State, and make us once more a prosperous, contented, and united people.”[16]
This memorial came too late to allay the excited minds of the Radicals. On the 10th of September, the Legislature passed a bill “to preserve the public peace.” This bill imposes “a fine of not less than five hundred dollars, and imprisonment in the penitentiary for not less than five years, and renders infamous any person who shall unite with, associate with, promote or encourage any organization of persons who shall prowl through the counties and towns of this State, by day or night, for the purpose of disturbing the peace or alarming the peaceful citizens of any part of the State. In order to secure the proper execution of this act, the same punishment is to be meted out to any person summoned as a witness, who shall fail or refuse to obey the summons, or who shall appear and refuse to testify; the same to any prosecuting attorney who shall be informed of the violation of the act, and fail or refuse to prosecute the person informed on; the same to any officer or other person who shall inform any other person that he was to be summoned as a witness, with the intent of defeating any of the provisions of the act; the same to any one who shall feed, lodge, or entertain or conceal in the woods, or elsewhere, any one known to such person to be charged with an offence under the act.”
The act further provides, that “no indictment shall be required for prosecution, and no indictments held insufficient for want of form; that where any sheriff or other officer shall return process issued under the act, unexecuted, an alias shall issue, and the officer shall give notice to the inhabitants of the county of such alias by posting a notice at the court-house door, and if the inhabitants shall permit the defendant to be or live in the county without arrest, they shall be subject to an assessment of not less than five hundred dollars and not more than five thousand dollars; that all the inhabitants of the State shall be authorized to arrest offenders under the act, without process; that every public officer shall swear that he has never been a member of the Ku-Klux Klan.“ The measure of damages was as follows: For entering the house or place of residence of any officer at night, in a hostile manner, or against his will, ten thousand dollars; and for the killing of any peaceable individual at night, twenty thousand dollars. All other damages were to be assessed in proportion.[17]
Even the passage of this extraordinary law did not satisfy Governor Brownlow. Under his guidance, the Legislature re-enacted the military laws, and conferred upon him the power to declare martial law whenever and wherever he saw fit. He did not suffer this prerogative to remain idle. On the 20th of January, 1868, he called the State Guards into active service. Several days later he issued the following proclamation:
“Whereas, There are now sixteen hundred State Guards at Nashville armed and equipped under the command of Joseph Cooper; and Whereas, These troops are intended to preserve peace and enforce the laws in counties heretofore in partial rebelion.
“Now, therefore, I, W. G. Brownlow, Governor of Tennessee, do hereby proclaim martial law in and over the following named counties, to wit: Overton, Jackson, Maury, Giles, Marshall, Lawrence, Gibson, Madison, and Haywood.