APPOINTMENT OF ANDREW JOHNSON AS MILITARY GOVERNOR OF TENNESSEE BY THE PRESIDENT. WAR DEPARTMENT, March 3, 1862. To the Hon. Andrew Johnson : SIR: You are hereby appointed military governor of the State of Tennessee, with authority to exercise and perform, within the limits of that State, all and singular the powers, duties, and functions pertaining to the office of military governor, including the power to establish all necessary offices, tribunals, &c. EDWIN M. STANTON, Secretary of War. EXECUTIVE MANSION, Washington, D. C., September 19, 1863. You are hereby authorized to exercise such powers as may be necessary and proper to enable the loyal people of Tennessee to present such a republican form of State government as will entitle the State to the guarantee of the United States therefor, and to be protected under such State government by the United States against invasion and domestic violence. All according to the 4th section of the 4th article of the Constitution of the United States. Hon. ANDREW JOHNSON, Miltary Governor of Tennessee. ABRAHAM LINCOLN. The following call was published by a committee of Union men in Middle Tennessee. Similar calls were published by Union committees in East and West Tennessee: To the Union men of Middle Tennessee: The executive committee of Middle Tennessee take this opportunity of requesting the Union men of the middle division of the State to appoint delegates to the convention at Nashville on the 19th of December. The people of East and West Tennessee will be here; it is our duty to meet them. The people meet to take such steps as wisdom may direct to restore the State of Tennessee to its once honored status in the great national Union. The dignity of men descended from a race of freemen and heroes, the maintenance of your rights and the interests of your children, all call upon you to act as brave and true men. Come forth in your strength to assert your rights and to organize the loyal sentiment of Tennessee. If you cannot meet in your counties, come upon your own personal responsibility. It is the assembling of Union men for the restoration of their own Commonwealth to life and a career of success. LEWIS TILLMAN, M. M. BRIEN, A. V. S. LINDSLEY, JOS. S. FOWLER, Executive Committee Middle Tennessee. The presence of the rebel army around Nashville prevented the convention from assembling, and the following call was made accordingly : NASHVILLE, December 19, 1864. To the Union men of Tennessee: The executive committee of Middle Tennessee have selected the 8th of Jan uary, 1865, for the meeting of the State convention at Nashville As the anniversary of the battle of New Orleans, the 8th day of January, occurs on Sunday, the convention will not assemble until the 9th. The committees in East and West Tennessee are requested to make a similar announcement in their respective districts, M. M. BRIEN, A. V. S. LINDSLEY, JOS. S. FOWLER, Executive Committee Middle Tennessee. DECEMBER 5, 1864. The convention met and proposed the following alterations and amendmen: to the State constitution: PROPOSED ALTERATIONS AND AMENDMENTS TO THE CONSTITUTION. 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 for the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper,' we, the people of the State of Tennessee and of the United States of America in convention assembled, do propound the following alterations and amendments to the constitution, which, when ratified by the sovereign loyal people, shall be and constitute a part of the permanent constitution of the State of Tennessee. ARTICLE I. SECTION 1. That slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are hereby forever abolished and prohibited throughout the State. SEC. 2 The legislature shall make no law recognizing the right of property in man. SCHEDULE. SECTION 1. Section 31 of the second article of the constitution, which is as follows, "The general assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owner or owners," is hereby abrogated. SEC. 2. "The declaration of independence and ordinance dissolving the federal relations between the State of Tennessee and the United States of America," passed and promulgated by the legislature of Tennessee on the 6th day of May, 1861, by which the State was declared separated from the federal Union, and all laws and ordinances by which Tennessee became a member of the federal Union, annulled and abrogated, was in like manner an act of treason and usurpation, unconstitutional, null and void. SEC. 3. The convention, agreement, and military league entered into by the commissioners of the State of Tennessee and the commissioners of the so-called Confederate States of America, made May 7, 1861, and on the same day ratified and confirmed by the legislature, was an act of treason and usurpation, unconstitutional, null and void. SEC. 4. No statute of limitations shall be held to operate from and after the 6th day of May, 1861, until such time hereafter as the legislature may prescribe, nor shall any writ of error be refused or abated in any cause or suit decided since the 6th day of May, 1861, and prior to this time, by reason of any lapse of time. And in all actions for torts brought, or which may hereafter be brought in the courts in this State by attachment levied upon the property of the defendant, the court shall have power to proceed to judgment and collection of the same, as upon contracts, without personal service of process upon the defendant, until the legislature may see fit to change the law in such cases. SEC. 5. All laws, ordinances, and resolutions, as well as all acts done in pursuance thereof, under the authority of the usurped State government after the declared independence of the State of Tennessee, on or after the 6th day of May, 1861, were unconstitutional, null and void from the beginning: Provided, That this section shall not be construed as to affect any judicial decisions made by the State courts held at times differing from those provided by law prior to May 6, 1861; said judicial decisions being made pursuant to the laws of the State of Tennessee enacted previous to said date, and between parties present in court and litigating their rights. SEC. 6. All laws, ordinances, and resolutions of the usurped State government, passed on or after the 6th day of May, 1861, providing for the issuance of State bonds, also all notes of the Bank of Tennessee, or any of its branches, issued on or after the 6th day of May, 1861, and all debts created or contracted in the name of the State by said authority, are unconstitutional, null and void; and no legislature shall hereafter have power to pass any act authorizing the payment of said bonds or debts, or providing for the redemption of said notes. SEC. 7. All civil and military officers which have been or may hereafter be appointed by the acting governor of the State, are hereby ratified and affirmed, and they shall continue to hold and exercise the functions of their respective offices until their successors shall be elected or appointed, and qualified as prescribed by the laws and Constitution of the State and United States. SEC. 8. That the proposed amendments to the Constitution, and the schedule thereto, be submitted to the people at the ballot-box, on the 22d day of February next, and that upon the adoption thereof, by the people, an election shall be held on the 4th day of March next, for governor and members of the legislature, the latter to be voted for by general ticket, upon the basis prescribed in the act apportioning representation in the State, passed on the 19th day of February, 1852, to assemble at the capitol on the 1st Monday in April next, said officers to continue in office until their successors shall be elected and qualified, under the regular biennial election of 1867. Provided, That said apportionment be so modified as to give to the counties of Johnson, Carter, Campbell, Anderson, Union, Sevier, Macon, and Hancock, each one member, and the district composed of the counties of Fentress, Morgan, Scott, and Cumberland, one additional member in the House of Representatives. SEC. 9. The qualifications of voters and the limitation of the elective franchise may be determined by the general assembly, which shall first assemble under the amended Constitution. RESOLUTIONS. Resolved, That at the election in February those in favor of the foregoing amendments and schedule shall deposit a ballot on which shall be written "Ratification," and those who are opposed shall deposit a ballot on which shall be written "Rejection." Resolved, That when the above amendments of the constitution of the State of Tennessee shall be submitted to the people of the State for their ratification or rejection, and at the first election held under said constitution as amended, if ratified by the people, no person shall be permitted to vote unless he first take the following oth at the polls; and the name of each voter shall be written upon the back of his ticket, and it shall be the duty of the judges and clerks of said election to preserve said tickets and file them with the clerks of the county courts of their respective counties for future reference. Provided, That this oath shall not be required of the citizens who are well known to the judges of the election to have been unconditional Union men. Provided, also, That voters otherwise qualified may vote within any county of the State, and if in the military service, wherever they may be on the day of election; and that the commanding officer of each regiment, battalion, detachment, battery, or hospital, is empowered to hold such elections. 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 government of the United States; that I sincerely rejoice in the triumph of the armies and navies of the United States, and in the defeat and overthrow of the armies, navies, and of all armed combinations in 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 those ends; and further, that I take this oath freely and voluntarily and without mental reservation. So help me God. Resolved, That the returns of this election shall be made to the secretary of State, and the result be declared by the proclamation of the acting governor. Resolved, That the convention do nominate and offer to the people a candi date for governor, and that the delegates from the several senatorial and representative districts be requested to nominate and present to the convention candidates for their respective districts, to be placed upon the general legislative ticket: Provided, If the Union people of any district shall desire to make another selection, that they have opportunity to do so. Resolved, That it shall be the duty of the executive committee to fill all vacancies that may occur in the list of candidates and officers for holding elections solicited by the convention. Resolved, That the names of such as may be selected shall be forwarded to the chairman at Nashville, on or before the 10th day of February next, when the chairman shall publish the complete list in the papers of the State. GOVERNOR'S PROCLAMATION. Whereas, at a large and respectable convention of the free and loyal people of the State of Tennessee, begun and held in the city of Nashville, on the 9th day of January, 1865, certain articles amendatory of the constitution of the State and the schedule thereto appended, were, with great unanimity, adopted and propounded to the people for ratification or rejection on the 22d of February, 1865; and whereas, the schedule provides that in the event of the ratification of said proposed constitutional amendments, the loyal people of the State shall, on the 4th of March next thereafter, proceed by general ticket," to elect a governor and members to the general assembly, to meet in the capitol in Nash 66 ville, for the transaction of public business, on the first Monday of April, 1865; and whereas, the convention aforesaid, acting in the primary and sovereign capacity of the people, prescribed certain rules and regulations under which the elections should be conducted, and designated, in many of the counties, certain persons to open and hold the same, and in others omitted to name any one, which, to avoid confusion, I have, as far as practicable, caused to be supplied; and in addition thereto, and for the purpose of more effectually carrying out the objects of the convention and enabling the sovereign loyal people of the State to express their judgment freely and fully on the grave question submitted to their decision: Therefore, I, Andrew Johnson, military governor of the State of Tennessee, by virtue of the power and authority in me vested, do hereby declare that the several persons in the proceedings of the convention named and appointed to open and hold the elections therein provided for, are hereby empowered and directed to open and hold said elections in person in their respective counties, wherever practicable, and to appoint and qualify, if necessary, such judges and inspectors of elections and other officers, as may be necessary to open the polls and conduct the elections in such other parts of their respective counties as the convenience of the people may require, and to make returns to the secretary of the State, as provided by the third resolution of the convention, as nearly as practicable in conformity to the act of assembly, in such cases made and provided. And I do hereby further declare, and fully authorize and direct the executive committee appointed in each grand division of the State, and referred to in the fourth and fifth resolutions of the proceedings of said convention, to supply, whenever practicable, the places of all such persons as, for any cause, may become vacant in the list of persons herein before qualified to hold said elections; and in such cases, when it is not convenient or practicable for vacancies to be filled as above provided, any loyal citizen of the county is hereby authorized and empowered to open and hold said elections, and make return thereof, which shall be as valid as if done by any of the persons herein before, mentioned. I do furthermore authorize and empower the commanding officer of each regiment, battalion, detachment, battery, or hospital of Tennessee troops, wherever they may be on the day of said elections, to open and hold elections for their respective commands or hospitals, and make due return thereof, under the same rules and regulations above prescribed. Here I might well close this proclamation, but I will be pardoned for adding that the action of the convention is wisely submitted to the loyal people-the true source of all political power- for approval; and I feel assured, as they appreciate the restoration of good government, and the protection of their lives and property, they will not hesitate to come forward, as one man, and with one voice ratify and confirm the action of the convention. We have been, in Tennessee, torn asunder by civil war, and all our public and private interests broken down, and the folly of the rebellion has surely been sufficiently demonstrated to admonish all classes that they can no longer live in hostility to the national government, and ought no longer to remain without civil authority in the State. Strike down at one blow, the institution of slavery-remove the disturbing element from your midst, and by united action restore the State to its ancient moorings again, and you may confidently expect the speedy return of peace, happiness and prosperity. In testimony whereof, I, Andrew Johnson, military governor of Tennessee, do hereunto set my hand, and cause the great seal of the State to be affixed at the executive office, in the city of Nashville, on this the 26th day of January, 1865. [SEAL.] ANDREW JOHNSON. |