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it require that I shall call into the field the whole available force at my command to do so.

In testimony whereof, I have hereunto subscribed my name and caused the Great Seal of the State [L. S.] to be affixed, at the department in Nashville, this 1st day of July, A. D. 1867.

By the Governor:

W. G. BROWNLOW. A. J. FLETCHER, Secretary of State. On the 4th of July Mr. Gaut published a defence of his interpretation of the law, but concluded with the following suggestion:

While the committee regard the recent proclamation of Governor Brownlow as extraordinary and without a parallel in history, and in clear violation of the laws of the land, and intended to incite his militia and partisans to acts of lawless violence and bloodshed, yet to avoid strife and conflict, and for the repose of society, and it may be to save life and the effusion of blood, the committee beg leave to suggest to the people of the State, to the County Courts, and the judges appointed by them, to forbear the exercise of what we believe to be a clear and unquestionable right; and let the judges appointed by the commissioner of registration hold the election on the first Thursday in August next.

A few days after this, the Governor's proclamation appeared, directing the commissioners of registration to appoint the judges and clerks of elections, and the sheriffs, to hold the election on the first Thursday in August. He concludes by ordering the commanders of the State Guards to arrest Judge Gaut or any member or agent of the Conservative Central Committee who should persist in the efforts to defeat the execution of the franchise law, as construed in his proclamation of July 1st, and to break up and disperse all assemblies collected for the purpose of holding illegal elections or interfering with those regularly called and conducted.

Bitter complaints were made in several counties with regard to the treatment received by citizens at the hands of the militia. Meetings were held in several towns for the purpose of protesting against the conduct of these soldiers. In Franklin County, on the 27th of May, a man by the name of James Brown was taken from his house and shot by some men belonging to the militia; and at a public meeting held a few days after, a petition was drawn up, addressed to the President of the United States, entreating that this "lawless band" might be removed. There were other charges of criminal outrages against these troops, but they were kept on foot until after the election, when all but five companies were disbanded.

In the mean time an excited political canvass was going on throughout the State, and popular disturbances at the mass-meetings were frequent; in some cases public speakers were fired upon, and disorders ensued which resulted in bloodshed. In July there was a collision between the members of a colored "Union League" in the town of Franklin, who were parading on occasion of a Republican massmeeting, and other citizens of that place, which resulted in a promiscuous firing of guns in the street. One man was killed, and upward of forty were wounded. A detachment of troops

was sent to the locality at once, and no serious attempt was made to renew the disturbance.

The position and intentions of the United States military commander, with regard to the approaching election, may be seen by the following letters of instruction issued to the district commander at Nashville:

HEADQUARTERS DEPT OF THE CUMBERLAND,
OFFICE OF ASSISTANT ADJUTANT-GENERAL
LOUISVILLE, KY., July 16, 1867.

Brevet Brigadier-General Thomas Duncan, command ing District of Nashville, Nashville, Tennessee: GENERAL: As there is some doubt in the minds of officers commanding posts and detachments in the State of Tennessee, as to their duties in reference to the approaching election, the major-general commanding directs me to furnish you with the following instructions on the subject:

It is not the duty of officers commanding troops to see to the enforcing of the laws of Tennessee except when called upon by the proper civil authorities. In the matter of enforcing the franchise law, upon which in a great measure depends the result of the election in Tennessee, the troops should not approach the polls, or in any way interfere with the election, except upon orders from these headquarters, issued upon application of the Governor, mayor of a city, or other civil officers, to General Thomas. The officers in command will, however, at all times, assume the right, and consider it their duty, to suppress riot and prevent bloodshed when in their power. election day, and at political meetings, than at other As there will probably be more danger of riots on times, it would be well that the troops be kept in hand at their quarters on such days for the two reasons, that there may be no charges against them of interference with the election or political affairs, and that they may be in readiness to suppress riot.

Whenever the troops do move to the assistance of the civil authorities, it should be for the purpose of seeing that no persons interfere with the officers of the law to prevent them from the proper exercise of their offices, and not for the purpose of making arrests; neither will officers in command allow themselves to be made the custodians of prisoners after arrest, except when the civil officers making the arrest declare themselves unable to retain the of the troops will take measures to prevent their esprisoners in custody; when the officer in command cape for a short time while the civil authorities make preparations to secure them.

Should there be reasons why the military should, in the opinion of the commanding officer of the time than that contemplated in these instructions, troops, retain custody of the prisoners for a longer the case will be reported through the proper channel to these headquarters and instructions asked.

Very respectfully, your obedient servant,

(Signed) WM. D. WHIPPLE, Brevet Major-General U. S. A., Assistant Adjutant General.

HEADQUARTERS DEPT OF THE CUMBERLAND, OFFICE OF ASSISTANT ADJUTANT-GENERAL, LOUISVILLE, KY., July 19, 1867. Brevet Brigadier-General Thomas Duncan, commanding District of Nashville, Nashville, Tennessee:

GENERAL: In addition to the instructions contained in letter from these headquarters, of 16th inst., the major-general commanding the department directs me to add that you will consider the militia of the State of Tennessee, called out under the act of the Legislature passed last winter, as among the regularly constituted authorities of the State.

Very respectfully, your obedient servant, (Signed) WM. D. WHIPPLE, Brevet Major-General U. S. A., Assistant Adjutant

General.

The registration was effected without serious interruption. Governor Brownlow exercised the authority vested in him, and in some cases removed the officers of registration and appointed others, and wholly set aside the registration made in Warren County, and ordered a new one under different registrars.

The election passed off without disturbance, and resulted in the reëlection of W. G. Brownlow by a majority of 51,936. The whole vote cast was 97,032; for Brownlow, 74,484; for Etheridge, 22,548. The entire delegation of members of the Lower House of Congress was elected by the Republicans. This was the first general election at which the newly-enfranchised freedmen had ever voted, and they showed a great degree of alacrity in obtaining certificates of registration, and in exercising the right secured thereby.

Governor Brownlow held that his interpretation of the franchise law, which invested the Commissioners of Registration with the duty of appointing the judges and clerks of election, applied as well to municipal elections as to that for State officers. The municipal authorities of the city of Nashville took a different view of the matter, and made arrangements for conducting their election, which was to occur on the 28th of September, according to the provisions of their city charter, which gave the appointment of judges of election to the Board of Aldermen. After the publication of the usual advertisements by the city authorities, and the appointment of judges and clerks by the aldermen, Governor Brownlow issued a proclamation in which he announced that the commissioner of registration for Davidson County was the proper person to appoint judges and clerks of election for the city of Nashville, and that he would perform that duty. General Cooper was directed to take measures at once to preserve the peace and protect the judges of election in the discharge of their duties. This document was followed by a proclamation from W. Matt Brown, mayor of Nashville, in which that officer declared that the election would be held as previously ordered, notwithstanding the interpretation of the franchise law announced by the Governor. The mayor admitted the validity of the law, and did not question the position that it gave the appointment of election judges to the commissioner of registration, but denied that it had any application whatever to the choosing of the municipal officers of the city corporations. He declared it to be the fixed resolve of the corporate authorities of Nashville to exercise all possible discretion, moderation, and forbearance; to make manifest in their whole demeanor the proper respect which they feel for the Constitution and laws of the United States, and the constitution and laws of Tennessee, but expressed no intention of yielding what they regarded as an important right of the city. Both boards of election officers were appointed, an extra force of police was sworn

in, and General Cooper was actively engaged in concentrating troops at Nashville. A collision seemed imminent, which would result in serious disorder and riot. General Duncan, commanding the Nashville District, reported this state of things to General Thomas, and requested instructions with regard to his own duty in case of the collision which he seriously apprehended. General Thomas instructed the district commander, if called upon, to render all assistance necessary to his Excellency Governor Brownlow in enforcing the laws and preserving the peace. "Governor Brownlow," he said, "is Chief Magistrate of the State, and has announced by proclamation his construction of the law. If he needs military force to assist him in enforcing it, you will render him all the assistance in your power." General Thomas then applied to General Grant for instructions with regard to his future conduct.

In the mean time the city authorities had applied to the President of the United States for protection, and on the morning of the 25th of September General Thomas received the following by telegraph from Washington:

WASHINGTON, D, C., September 24-3.30 P. M. To Major-General George H. Thomas: The mayor, city attorney, and president of the collision at the time of the charter election on the Common Council of Nashville express great fear of a 28th. Go to Nashville to-morrow, and remain until after the election, to preserve peace. If you think more troops necessary for that purpose, order them there from the most convenient points in your command. The military cannot set up to be the judge as to which set of election judges have the right to control, but must confine their action to putting down hostile mobs. It is hoped, however, by seeing the Governor and city officials here referred to, your presence and advice may prevent disturbance. Please keep me advised of the condition of affairs.

U. S. GRANT, General.

Thereupon General Thomas communicated by telegraph a brief statement of the conflict between Governor Brownlow and Mayor Brown, and requested specific instructions in the premises. Nashville.

He then proceeded at once to

On the following day the subjoined communications passed between Nashville and Washington, in telegraphic cipher :

NASHVILLE, TENN., September 26, 1867. To General U. S. Grant, Washington, D. C.: If both parties persist in holding their election, there will be great danger of collision. In such contingency am I to interfere and allow both elections to go on, or are my duties simply to prevent mobs from aiding either party?

GEORGE H. THOMAS, Major-General, United States Army. General Grant replied as follows: To Major-General George H. Thomas:

I neither instruct you to sustain the Governor nor mayor, but to prevent conflict. The Governor is the only authority that can legally demand the aid of the United States troops, and that must be by proclamation declaring invasion or insurrection exists beyond the control of other means at his hands. It is hoped your presence and good judgment and advice will prevent conflict. U. S. GRANT, General.

General Thomas replied as follows:

710

NASHVILLE, TENN., September 26-3 P. M. To General U. S. Grant, Washington, D. C.: Governor Brownlow is in Knoxville. Have seen his instructions to General Cooper not to permit the city authorities to hold their election. The mayor is determined to hold an election, in defiance of the A collision is inevitable. If I State authorities. command the peace, my action will be a practical decision against the State authority and against the franchise law. cannot preserve the peace without interfering in case of collision.

GEORGE H. THOMAS, Major-General, United States Army. General Grant replied as follows:

WASHINGTON, D. C., Septem er 26-4 P. M. Major-General George H. Thomas:

You are to prevent conflict. If the Executive of the State issues his proclamation declaring insurrection or invasion to exist, too formidable to be put down by the force at his own command, and calls upon the United States to aid him, then aid will have to be given. Your mission is to preserve the peace, and not to take sides in political differences until called out in accordance with the law. You are to prevent mobs from aiding either party. If called upon legally to interfere, your duty is plain.

U. S. GRANT, General.
About ten o'clock P. M., General Thomas re-
ceived the following from the General-in-Chief':
WASHINGTON, D. C., September 26-9 r. M.
Major-General George H. Thomas:
Nothing is clearer than that the military cannot be
made use of to defeat the Executive of a State in en-

forcing the laws of the State. You are not to pre
vent the legal State force from the execution of its
U. S. GRANT, General.
orders.
This last communication being transmitted
to the mayor of Nashville, that official wrote
as follows to General Thomas:

I do not know precisely what construction to place upon the above telegram.

I am certainly not conscious of ever having contemplated a resistance to the laws of the State of Tennessee, nor have I desired to defeat the Executive of the State or his efforts to enforce the laws thereof.

I have only designed, if not prevented by armed violence, to hold a strictly legal election in a perfectly peaceful manner and in full accordance with the provisions of the charter of this city.

If so,

I

You are directed by the telegram received "not to prevent the legal State force from the execution of its orders." I shall be pleased if you will inform me your duty, under the explicitly, whether you deem orders received by you, to uphold General Cooper and his militia, in their threatened attempt to prevent the peaceful holding of the election heretofore ordered by the corporate authorities of Nashville. have no choice left me but to yield to the authority of the Government of the United States with a respectful but emphatic protest, however, against the signal and deplorable mistake which I must consider to have been made in this case, and with the expression of that profound regret, which I cannot but feel, on this grave occasion, in view of the deplorable and ruinous consequences now plainly in store for this devoted city, whose chartered interests I have so long endeavored to protect.

P. S.-I have the honor to ask an early response to the above communication.

W. MATT BROWN, Mayor of Nashville.
After a short delay, General Thomas made
the following reply :

HEADQUARTERS DEPARTMENT CUMBERLAND,
NASHVILLE, September 27, 1867.
Hon. William Matt Brown, Mayor of Nashville :
In reply to your inquiry, "whether you (I) deem
it your (my) duty, under the orders you (I) have re-

ceived, to uphold General Cooper and his militia in the threatened attempt to prevent the peaceful holding of the election heretofore ordered by the corporate authorities of Nashville," I have to say that the proper interpretation of General Grant's telegraphic order is to sustain the State authorities in the execution of their orders. It is not left to me to decide the question of the legality or illegality of the election ordered by you.

Very respectfully, your obedient servant, GEORGE H. THOMÁS, Major-General United States Army, Commanding. Soon after the receipt of this, the mayor published the following:

MAYOR'S OFFICE, September 27, 1967. Governor Brownlow having, through General Cooper, notified the city authorities that he would use force to prevent the holding of an election under the charter and by-laws of the corporation, and by the judges appointed by the Board of Aldermen, according to law; and General G. H. Thomas havuse the military power of the United States in susing notified me officially in writing, that he would venting a peaceable election; and the city authorities taining the Governor of the State in forcibly prehaving, under a solemn protest against this most unjust, illegal, and high-handed course, determined to submit to force, but to refuse to recognize the legality of the election which may, under the circumstances, be held; I do, therefore, hereby withdraw my name as a candidate at the election (so called), being unwilling to be understood by my silence as in any way, either as an officer or an individual, lending countenance to such gross violations of law and W. MATT BROWN, Mayor. right.

General Thomas then wrote to the mayor as follows:

HEADQUARTERS Department of THE CUMBERLAND,
NASHVILLE, September 28, 1867.
Hon. W. Matt Brown, Mayor, etc.:

SIR: In reply to your communication of this date, received at two o'clock, P. M., I have to state that Í did not inform you officially in writing, as stated by you in your communication to the public, published in the papers this morning, that I would use the military power of the United States in sustaining the Governor of the State in forcibly preventing a peaceable election, etc.; but I did state in that communication that the proper interpretation of General Grant's telegraphic order is to sustain the State authorities in the execution of their orders. How these words can be construed as meaning that I intended to use the troops to prevent a peaceable election, I confess I cannot understand. The proclamation of the Governor, and his order to General Cooper requesting him to prevent you from holding an election, and the instructions sent to me to sustain him (the Governor) in the execution of his orders, could not be obeyed if both elections were permitted, as you remember that the Governor required General Cooper to prohibit the election under the city charter; and you, in your proclamation, declared you would hold said election in defiance of all power except that of the United States. Your obedient servant,

GEO. H. THOMAS, Maj.-Gen. Com'd'g Dep't. Mr. Brown having withdrawn from the contest, the election passed of quietly, and the Radical candidate for mayor was elected. It was the intention of Mayor Brown to hold possession of the office until this question of legal right had been tested in the courts; but his refusal to give up the office and papers, being followed by a visit from Captain Blackburn, of the State Guards, with the following credentials, he gave way, and the new dynasty prevailed in Nashville:

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HEADQUARTERS TENNESSEE STATE GUARDS, NASHVILLE, October 2, 1867. Gen. Joseph A. Cooper, Commanding State Guards: GENERAL: A. E. Alden, Esq., mayor-elect of Nashville, reports to this department that he is resisted in entering upon the office to which he has been elected and qualified. You will therefore aid him with whatever force is necessary to enable him to overcome any illegal resistance or interference he may encounter in entering upon the discharge of his official duties.

By command of Governor BROWNLOW. H. H. THOMAS, Acting Private Secretary. The general commanding having received the foregoing instructions, orders Captain Joseph H. Blackburn, commanding Company "A," First Tennessee State Guards, to proceed at once with his command to the City Hall, and render A. E. Alden, Esq., mayor-elect and qualified, such assistance as is necessary to enter upon the discharge of his official duties.

By command of Brig.-Gen. J. A. COOPER. D. M. NELSON, Colonel and Aide-de-Camp. The Legislature of 1867 met on the first Mon.day in October. It consists of 25 Republicans. and no Democrats in the Senate, and 79 Republicans and 4 Democrats in the House. One of the first bills passed by this body provides for the repeal of all laws disqualifying persons from holding office or sitting on juries on account of race or color.

At the close of the fiscal year, September 30th, the entire State liabilities amounted to $32,562,323.58, of which $23,601,000 is represented by bonds loaned to railroads. The receipts of the Treasury for the year were $2,336444.94, and the disbursements $1,776,517.33; but owing to some expenditures of money not credited, the actual surplus in the Treasury on the 1st of October amounted only to the sum of $76,922.77.

The common schools of the State are in an unorganized condition, and though a new schoollaw was passed by the last Legislature, some further enactments are required at the present session, and it is expected that a liberal system will be organized at an early date. The State has a school-fund of $500,000 appropriated by an act of 1865-'66, but no benefit has been derived from it during the past year.

Entire tranquillity has not yet been restored to society in Tennessee. Disorders are reported from time to time which are popularly attributed to the exploits of an organization known as the "Ku-klux Klan," which exists in this and neighboring States.

TERRITORIES OF THE UNITED STATES. No change has been made in the names and number of the Territories during the year. Indian disturbances have been frequent, and at one time a general and protracted war was imminent; but the tact and prudence of General Sherman, who was intrusted with the whole conduct of affairs in the Indian country, averted open hostilities. Occasional outrages were perpetrated throughout the year. (See INDIAN WAR.) The general features of the Territories have been fully described in previous volumes of this CYCLOPEDIA. All are increasing in population and importance, while their rich products add constantly to the national wealth.

-Indian disturbances have continued in this Territory, and interfered materially with its growth and prosperity. Though soldiers are stationed at different points, they have afforded very little protection to settlers, against a foe so uncertain in movement as the Apaches. The most successful operations against these Indians have been conducted by the settlers themselves.

Arizona presents many inducements to settlement. In portions of it there are the very finest of agricultural and grazing lands, and, if the country were free from Indian perils, thousands of farms would be opened from year to year. The climate is delightful and salubrious. Added to this, there are mines of gold, silver, and copper, found already to be profitable to work, while other sections are known to be rich in deposits, which cannot be explored or occupied because of the presence of the Indians.

Recent explorations have proved that the Colorado River is navigable for nearly seven hundred miles, thus affording direct communication with the ocean to portions of Arizona, Utah, New Mexico, and Nevada.

At Buckskin Mountain, about eight hundred miles from the mouth of the river, there is an abundance of the finest pine on each side of the same. The lumber used at the present time along the Colorado is brought from Oregon, and commands $290 per 1,000 feet. By the opening up of the Colorado, Government has already saved thousands of dollars in the transportation of military stores, and a fresh impetus has been given to the resources of Arizona.

Three years since two steamers could do the trade of the Colorado; now, eight are employed, and are insufficient. Thirty-seven ships and one ocean steamer have gone to the mouth of the river within the last six months of 1867, while the trade of San Francisco has increased within the same time over $1,500,000. These are but a few of the results following the enterprise of navigating the Colorado. The Indians along the whole length of the river are friendly and peaceable.

Nearly all of both branches of the Legislature are Republicans. The capital was removed from Prescott to Tucson on the 1st of December. At that time surveying parties of the Union Pacific Railway were in the Territory.

Dakota. The population of this Territory has more than doubled during the year, and the construction of the Pacific Railroad is rapidly adding to its numbers. Indian troubles have been serious, but have been confined to the western part of the Territory, on the road to Montana.

A new gold region is reported to have been found in the Black Hills of Dakota, an outlying group of hills belonging to the Rocky Mountains. Last spring an expedition of miners and scientific men was organized to explore this country, but it would have been exposed to

great danger from the Indians, and would have added to the existing complications with them, and General Sherman stopped it. So strongly, however, are the frontiersmen impressed with a conviction of the mineral and metallic wealth of that country, that a new expedition will be organized, to go in the spring of 1868.

Some of the authorities have proposed to make this valuable Black Hill region an Indian reservation. The Governor is earnestly opposed to such a course. He believes that the Government should induce the Indians to abandon their wandering life, and that putting them in a small reservation, where they would be compelled to labor for their support, would be best for the red men. This reservation might be located north of the Big Cheyenne River.

As yet very little has been done toward developing the mineral resources of the Territory, which are rich and varied. In northeastern Dakota there is a famous quarry of pipe-stone. This rock possesses almost every color and texture, from a light cream to a deep red, depending upon the amount of peroxide of iron. Some portions of it are soft, with a soapy feeling to the touch, like steatite; others slaty, breaking into thin flakes; others mottled with red and gray.

An election was held October 8th, and carried by the Republicans, who obtained a majority of the Legislature, which assembled at Yancton December 12th.

Idaho.-The character of the country in this Territory is generally mountainous, although there are numerous fertile, well-watered, and finely-timbered valleys distributed throughout its extent. The largest of these, Boise Basin, contains the richest and most extensive placer mines yet discovered outside the limits of California. It contains also rich and extensive quartz lodes, which give a permanent value to the mineral resources of this region. The climate is mild, and dry and pleasant during the summer and fall seasons; but the greatest drawback is the severity of the weather and the immense fall of snow, which retard mining operations during the winter months. Notwithstanding these disadvantages, the growth of the Territory has been rapid, and its prosperity of a permanent character.

No election was held during the year. There are four newspapers published in the Territory.

Montana.-While this Territory is yet in its infancy, and scarcely finds a place on the map, capital and population are pouring into it from every quarter, developing its wonderful resources, and adding to its importance. During the summer season forty-three steamers, filled to their utmost capacity with passengers and freight, arrived at Fort Benton. Overland from the States, from Utah and Idaho, from Oregon and California, there is one steady stream of industry centring in the Territory, made up of a class of hardy men.

It is comparatively a new region, where the

miner must still contend with the Indian and wild beasts for possession of the auriferous soil. Even Helena, the prospective capital, and a flourishing city of eight thousand inhabitants, stands upon a spot where, three years since, not even a miner's cabin was to be seen.

The elevated position of Montana renders the atmosphere light and bracing, and the climate ratlier cold. But, while the winters are severe, they are not susceptible of the unhealthy disagreeable changes of the winters of the Northern States. Cold weather begins in the latter part of October, and continues without interruption until the first of April, when comes the breaking up, and nearly all the rain falls before the first of June, followed by five months of as fine weather as can be found in any of the Northern portion of the Union.

Agriculture suffers under one great disadvantage, and although at present very remunerative, that single drawback will ever prevent Montana from becoming of any importance as a grain-growing country. While the climate of the valleys is favorable to vegetation, and the soil fabulously rich, the lack of rain makes the raising of grain for exportation highly improbable. Every thing must be irrigated; and while such a course puts corn out of the question, the small grains cannot be produced in such quantities and price as to compete with the great agricultural States to the southeast. With the exception of garden vegetables, potatoes are destined to become the staple of husbandry.

The mineral richness of the Territory and its facilities for stock-raising will ever constitute unfailing sources of wealth. At present attention is directed mainly to mining, which has been carried on very successfully. Gold is not the only mineral that attracts attention. Silver leads on Flint Creek and Blackfoot are especially rich. Copper ore of great purity abounds, and coal and iron exist in unlimited quantities and of excellent quality. Although it is probable that for a long time mining will attract the attention of the people of Montana, it is evident that the belt of country stretching away from the foot of the Rocky Mountains has facilities for grazing that cannot be always overlooked. The same advantages that now make the keeping of stock of little expense will one day make cattle-raising profitable. The trains of workmules and cattle are all in excellent condition, feeding wholly upon the famous “bunch grass" that grows in great profusion. This bunch grass is equal, if not superior, to the famous blue grass of Kentucky. It continues green and sweet until about the first of August, when it begins to dry up, and before cold weather commences has perfectly cured and is hay, fit for any kind of stock to eat. This remains good all winter, probably because of the absence of rain, and stock are said to look as well in the spring as the housed and grain-fed cattle of the States. The territory contains more than 172,800 square miles. There are 166,340

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