the young men, and especially those who were suspected, were conspicuous on the streets, seemingly intent on solving this Ku Klux mystery.

At the head of the long procession rode the leader, who appeared to be immensely tall. He wore a high, conical-shaped hat, near the top of which gleamed a flashing light, which looked like an eye. Not a weapon of any kind was visible. Orders were communicated by shrill whistles. Absolute and solemn silence was preserved, which was broken only once during the parade.

A prominent Union man, well known for his denunciations of the Klan, took post on the public square for the purpose of recognizing the horses. It was said that he knew every horse in the county.

But the

horses were as completely disguised as the men. He had failed to identify a single horse, when suddenly one of the Ku Klux equestrians rode up to the place where he was standing, addressed him by name, and asked, "Do you know the horse that I am riding?" "No, sir," was the reply. Great was his surprise, when the Ku Klux cavalier, dismounting, threw off the disguise from the horse and disclosed to the astounded investigator his own horse, which he had ridden to town about two hours before. Then every whistle was sounded in the long Ku Klux line. Unearthly laughter, shrieks, and demoniac yells rent the air.

Before the astonished Union man could recover from his bewilderment, the Ku Klux rider had remounted and disappeared. Hurrying to the place where he had left his horse, he received a second surprise to find him standing quietly in the stable where he had fastened him.

After parading through the principal streets, the Klans dispersed as mysteriously as they had gathered, and not a trace could be found of "whither they went."

447. Anti-Ku Klux Law.- July, 1868, Governor Brownlow called the Legislature in extra session, stating in the call, "Rebellious elements in the State are secretly assuming and perfecting a military organization, known as the Ku Klux Klan, with an eye to overthrow the State government." The Legislature enacted a law making membership, or participation with the Ku Klux, a felony, punishable by fine and imprisonment. The Governor was empowered to reorganize and increase the State Guard, and to declare martial law in any county, at his discretion. Governor Brownlow promptly declared martial law in several counties, and instituted every agency in his power to suppress the Ku Klux, and to detect and punish its members. Yet, so secretly were its affairs conducted, that no member of the order was ever convicted in Tennessee.1 February 20, 1869, Governor Brownlow, having been elected United States Senator, resigned as Governor, and Hon. D. W. C. Senter, Speaker of the Senate, became Governor of Tennessee.

CHAPTER XLII.

SENTER'S ADMINISTRATION.

448. The Ku Klux Disband.- Governor Senter adopted a more. liberal policy than his predecessor. Among the first fruits of his administration was the disbandment of the Ku Klux Klan, and the restoration of public confidence in law and order. In March, 1869, the Grand Wizard issued his edict, terminating the existence of the Klan. This edict recited that the Klan had accomplished the purposes for which it was instituted, that it had afforded protection to many firesides, when all the better elements of society were in dread for the safety of their property, persons, and families; that the time had now arrived when the services of the Klan were no longer needed. They were ordered, therefore, to burn all regalia, and evidences of their existence, and to 1 Lester and Wilson's "Ku Klux Klan”; Report of Investigating Committee of Congress; Report of Investigating Committee of Tennessee Legislature.

1

quietly disband.

This edict terminated the existence of the Klan.

Says the historian: "Thus lived, so died, this strange order. Its birthr was an accident; its growth a comedy; its death a tragedy. There never was, before or since, a period of our history when such an order could have lived. May there never be again."

449. Irritation Allayed.-Although the organized existence of the Ku Klux was terminated in 1869, yet its name continued to be used by unknown organizations, and "Ku Klux outrages" were reported in the newspapers as late as 1872. Simultaneous with the disbandment of the Ku Klux was the disappearance of demonstrations from the Loyal League, and soon afterwards came the dismissal of the "State Guard."

450. Governor Senter Reëlected. In 1869, Governor Senter was a candidate for reëlection. He was opposed by Col. W. B. Stokes. The Republican convention failing to agree, the Radical wing nominated Stokes, and the Conservative wing nominated Senter. The Confederates tendered their support to Governor Senter, if they should be allowed to vote. This privilege was granted, and Senter was elected by the largest majority ever given a candidate for governor.

451. A Democratic Legislature. Thus, the Confederate element, led by Gen. John C. Brown, regained control of the State. The Legislature met October 4, 1869, and was Democratic in both branches. Steps were taken to undo so much of the legislation of recent years as was especially obnoxious to the Conservatives and Democrats.

The most important act of this Legislature was the "Act to authorize the people to call a convention." It was expressly provided, "that every male person not convicted and rendered infamous for crime, of the age of twenty-one years, being a citizen of the United States, and of the county where he may offer his vote," shall be allowed to vote; "and no certificate or other qualification than the foregoing, shall be required by the judges holding said election." The elective franchise was restored, so far as the Legislature could restore it. The rest must be done by a new Constitution. The election resulted in a majority of

40,500 in favor of holding a convention.

452. The Constitutional Convention of 1870.- This distinguished body convened at Nashville, January 10, 1870. It was recognized

to perform.

throughout the State that this convention had a solemn and delicate duty It was the purpose of the people to select the wisest and best men. Among the members were many venerable patriots, who came from retirement to serve their country in this crisis. There was, also, among its members a younger class of vigorous men, on whose wisdom and firmness the State was beginning to rely. Altogether, it was one of the most distinguished bodies that ever assembled in Tennessee. The convention was called to order by the distinguished jurist and future Chief Justice, Hon. A. O. P. Nicholson, who was present as delegate from the counties of Williamson, Maury, and Lewis. On the motion of Mr. Nicholson, Mr. Bolling Gordon, of Hickman County, the only delegate who had been a member of the Constitutional Convention of 1834, was made temporary president. Hon. John C. Brown,1 delegate from the counties of Lincoln, Marshall, and Giles, was unanimously elected permanent president, an office which only two other citizens have held.

The distinguished citizen who was elected to this responsible position belonged to the younger class of members, and had risen to prominence during the Civil War, at the close of which he held the rank of Major General in the Confederate army. He was a brother of Hon. Neill S. Brown, one of the delegates of Davidson County, and formerly Governor of the State. He was a typical soldier, and had acquired a high reputation for bravery and military ability. Since the close of the war, he had devoted himself to the practice of the law, and had risen to the head of his profession in the State. He was universally admired

and beloved.

453. Accepting the Issues of the War.- The temper of the Convention was admirable, its wisdom was salutory, and its patriotism was exemplary. It was a Democratic body, of which the Confederates were the dominant factor. Its real object is so clearly stated by Hon. Joshua W. Caldwell, in his "Constitutional History of Tennessee," that his words are here quoted: "The truth is, that the convention was a political expedient, designed to restore to citizenship and to the mastery of affairs, the majority of the white voters of the State, who had been disfranchised by the minority party which the war had placed in power."

1See “Journal of Proceedings of the Convention of Delegates, Elected by the People of Tennessee, to Amend, Revise, or Form and Make a New Constitution for the State, Assembled in the City of Nashville, January 10, 1870.”

The Democrats, also, had another distinct purpose in view - to accept, by their own act, the results of the war. These purposes were accomplished firmly and quietly, with no effort at recrimination or retaliation. A single instance will serve for illustration.

The Democrats had maintained that the amendments to the State Constitution in 1865, were not legally adopted, because the convention which framed them was not a legal convention, and the election which ratified them was not a legal election. Vindictive partisanship and party pride would have prompted them to repudiate and repeal these amendments. Wisdom and patriotism suggested a different course. The issue was avoided, by ignoring the question of the validity of the amendments. It was decided to frame an entirely new Constitution. This plan afforded the opportunity to accept the issues of the war, as an act of the Democrats.

Surrendering the convictions of a lifetime, they incorporated into the new Constitution the substance of the Brownlow amendments, and even went further. They applied to Tennessee the substance of the Fifteenth amendment to the Federal Constitution nearly two months before the amendment was ratified and proclaimed. Thus, the issues of the war were accepted: First, by ordaining the abolition of slavery; second, by prohibiting the Legislature from enacting hereafter any law recognizing the right of property in man; third, by so extending the elective franchise as to include negroes.

454. Restrictive Provisions. The convention next turned its attention to the construction of constitutional bulwarks to prevent the recurrence of legislation which was obnoxious to the ideas of the Conservatives and Democrats.

First, the right to hold office and to vote was secured to every male citizen of the State over twenty-one years of age, who had the proper qualifications of residence, etc. Political tests were prohibited, except an oath to support the Constitution of the United States, and of the State, as a qualification for office. Second, according to Democratic ideas, the prerogatives of the governor were too great, and had been used during the early periods of reconstruction to an extent which was dangerous to liberty. Provisions were, therefore, made which restricted the governor's powers. Among other provisions, he was prohibited from calling out the militia unless authorized to do so by the Legislature. In this, the convention went too far, as was demonstrated later, in the insurrection of the miners. Third, the large increase in the public debt, made during the "Reconstruction Period," had so much alarmed the