Tennessee State Legislative Records shed historical light on Reconstruction

By Caleb Knies

The U.S.’ Reconstruction Era following the Civil War (1860-1865) is a historical quandary; black Americans experienced freedom from enslavement, opportunities for economic and social growth, but white insecurity over this freedom saw the development of de facto and de jure Jim Crowism, creation of the KKK and start of a new chapter in the nation’s painful and complicated race relations. So many opportunities opened and explored, yet so much violence and hate; it is easy to understand why there is much debate over this important, but melancholy era in American history. The social and cultural atmosphere of the era was abuzz with excitement tinged with fears and memories of violence, and at the center of it all, at least for a while, was Tennessee’s General Assembly.

Horace H. Harrison used this ticket to vote for the abolition of slavery Feb. 22, 1865. A handwritten note on the back reads: "Copy of a ticket I voted on the 22nd of Febry 1865 to ratify the amendment to the state constitution abolishing slavery in the State of Tennessee. Horace H. Harrison."
Joseph Branch O’Bryan Papers, Tennessee State Library and Archives

After abolishing slavery, by adopting the 13th Amendment to the United States Constitution, Tennessee’s state legislature set the stage, both locally and nationally, for the Reconstruction Era following the Civil War. State Congressional sessions are quite common-place, yet few maintain the historical gravity of Tennessee’s 34th General Assembly. To begin there are two distinct 34th General Assemblies in Tennessee, the 34th Assembly under Confederate rule (1861-1862) and another one, stemming from the first postwar elections in 1865, under Union control.

J. C. Buttre engraving of Governor William G. Brownlow, Governor of Tennessee 1865-1869.
Photograph Collection, Tennessee State Library and Archives

Governor Brownlow called multiple special sessions from 1866-1867, one in July 1866 to ratify the 14th Amendment to the United States Constitution making Tennessee eligible for readmittance to the Union, well before the rest of the former Confederate states. The 14th Amendment redefined citizenship, included the Equal Protection Clause - that no state shall deny equal protection of the laws to its citizens, applied the Due Process Clause to states - granting equal legal process to all citizens, and included a now-dormant Privileges or Immunities Clause - preventing states from making and enforcing laws which abridge the privileges and/or immunities of citizens of the United States. However, issues arose when so few Representatives showed up that quorum was not reached and the Senate adjourned until attendance minimums were met. It also helped that before adjourning, the Senate gave the OK to Governor Brownlow to issue arrest warrants for absent Representatives. After reaching a quorum, the General Assembly passed the 14th Amendment to the Constitution and dismissed July 24, 1866; just in time to be recognized by the federal Congressional session which opened July 26, 1866.

Excerpt from House Bill 138, June 5, 1865: A bill to limit the elective franchise.
Record Group 60, Tennessee State Legislative Records, Tennessee State Library and Archives

 Another significant issue facing Tennessee’s 34th Union General Assembly was the matter of dismantling the Confederate political machinery, namely through the passage of franchise law amendments, attempts to “grant voting privileges to some and remove it from others.” While the wording is vague, it seems the intent of the General Assembly was to grant black male Tennesseans the right to vote, while denying the voting privileges of those who supported and fought for the Confederate States of America. There are two-years of materials in our Legislative Records Collection (known as RG60) from this state legislature concerning the right to vote - known as the elective franchise. The first, a bill from the 34th Union Assembly in 1865 which limited the vote to loyal citizens; to the last, a resolution in 1867 still tweaking the verbiage of the new voting laws. Toward the end of the third session, a four-part resolution was passed that faced little challenge in remaining weeks. House Joint Resolution 349 took a four-step approach to ensuring black males were allowed to vote and hold office in Tennessee. HJR349 eliminated the word “white” from the voting sections and changed other discriminatory sections of the state constitution, struck the state’s Franchise Law, and forced the refinement and publication of the new Constitution, this one featuring voting rights for African-American men, two years before federal Franchise Laws.

An illustration from the Nov. 16, 1867, edition of Harper’s Weekly depicting a queue of African-American men waiting to cast their vote while the first man is voting.
Manuscripts Oversize Files, Tennessee State Library and Archives

Foreshadowing some of the violence that would continue well-after Reconstruction, there was a murder during the winter break of the 34th Assembly. Hon. Dr. Almon Case, Senator from Obion Co., was shot in the road outside of his home in the middle of January 1867. Still grieving the murder of his son a few days prior, Case was shot and killed by Frank Ferris, Confederate loyalist. Newspapers of the day highlighted the growing split between Unionists and those still loyal to the Confederate cause; the Nashville Press & Times focused on Cases’ Unionist reputation as motivation for murder, while the Conservative (i.e., Confederate-loyal) Memphis Daily Avalanche cited Farris’ motivation was retaliation for the death of his brother during the war. Either way, it was clear, the emotions, pain, and violence of the war would continue. Ironically, before his death, Dr. Case pushed the state for universal amnesty and enfranchisement and had helped the Ferris family before the war.

Senate Resolution 20, Jan. 24, 1867: “we have heard with deep regret of the untimely death of the Hon. Almon Case, a Member of this Body, Therefore Be it Resolved by the Senate that a Committee of three be appointed by the Speaker of the Senate to draft Suitable Resolutions expressive of our high regard for the Deceased and Sympathy with his family.”
Record Group 60, Tennessee State Legislative Records, Tennessee State Library and Archives

Rarely does one session of a state Congress get to handle so many hot-button topics, but when the impetus is to reunite a nation and reorganize a state, there are no topics too controversial or too challenging to be faced. The whole focus of Tennessee’s 34th General Assembly was to re-establish a functional, working government that sought to create freedoms for its people. If you are interested in researching legislation from the 34th General Assembly, check out our online index here: http://tnsos.net/TSLA/rg60/

The Tennessee State Library and Archives is a division of the Office of Tennessee Secretary of State Tre Hargett

Famous Visitors to the Tennessee Legislature

For decades, the Tennessee General Assembly has invited guests to speak during legislative sessions. Some are welcomed as honored guests, receiving awards or special recognition. Others are invited to speak on matters of policy brought before legislators. These guests come from many different backgrounds, representing fields as diverse as politics, entertainment, athletics and publishing. Some of them are cultural icons who have influenced Tennessee history and even brought national attention to the state.

President Lyndon B. Johnson addressing the legislative body in the Tennessee House of Representatives.
March 15, 1967.
Photographs: Lyndon B. Johnson Visit to Nashville Collection.

State and federal political leaders have visited the Tennessee General Assembly for a number of reasons - among them, campaigning for office, supporting legislation, and pushing for reforms. John F. Kennedy was in his second term in the United States Senate when he visited in 1959. He made a speech describing the country's movement into an age of conscience and national survival. In 1967, President Lyndon B. Johnson visited to discuss the United States policy in Vietnam. Civil rights leader Whitney M. Young also paid legislators a visit in 1971. Young strove to end employment discrimination and was a key figure in making the National Urban League a full partner in the civil rights movement.

John F. Kennedy, then a U.S. Senator, spoke before the Tennessee Legislature on February 25, 1959. His speech regarding entering an age in need of conscience and national survival was indicative of his forward-looking policies.

Entertainers have made frequent appearances before the General Assembly, sometimes to perform or speak on behalf of organizations they support, and sometimes as honorees. In 1961, Elvis Presley, the “King of Rock ‘n’ Roll,” was presented a certificate of friendship by Governor Buford Ellington, as well as Senate Joint Resolution 52, which recognized Elvis for his character and his career accomplishments.

Also in 1971, the Carter family of country music performers stopped by the legislature to advocate for Walden House, a special care center for autistic children in Nashville. Anita Carter’s son was a day student there. While at the legislature, Mother Maybelle Carter and the Carter sisters (minus June) performed several songs.

On April 15, 1971, the Carter Family (Mother Maybelle, Helen, and Anita Carter, with Bobby Harden standing in for June Carter Cash) visited the Tennessee Legislature to advocate for Walden house, a special care center for autistic children in Nashville. Anita Carter’s son was a day student there. While at the legislature, the Carter Family performed several songs, including an autoharp solo by Mother Maybelle and “Wildwood Flower.”

Several athletes have also made appearances in the legislature over the years. Legislators honored University of Tennessee (UT) Lady Vols Basketball Coach Pat Summitt in 1987 after her first national championship. Summitt now holds the record for the most all-time wins for a coach in NCAA basketball history, men's or women's, with eight national championships and 1,098 career wins.

More recently, UT football legend John T. Majors was honored by the General Assembly in 2009 under House Joint Resolution 186 for outstanding service to the state. Majors served as head football coach at UT from 1977 to 1992 with an overall record of 116 wins and 62 losses.

Be sure to check out our online exhibit on John T. Majors for more information and pictures. http://share.tn.gov/tsla/exhibits/majors/exhibit_majors.htm

Tennessee is also lucky to claim many authors and writers who have made a social or cultural impact. One of the most notable to visit the Tennessee Legislature is Alex Haley, author of the 1976 book, Roots. Haley lived in Henning until he was five years old. In his speech to the legislature, he noted how some of his ideas about family tradition were shaped while watching his grandmother and her sisters sit in rocking chairs on the front porch swapping old stories. Roots had major influence on awareness in the United States of African-American history and inspired a lot of interest in genealogy. Haley is also noted for conducting the longest interview Rev. Martin Luther King, Jr. ever granted to any publication and for writing The Autobiography of Malcolm X.

Alex Haley, author of Roots and the Autobiography of Malcom X, spoke at the Tennessee Legislature on May 9, 1985. A native of the West Tennessee town of Henning, Haley explained how some of his ideas about family tradition were shaped while watching his grandmother and her sisters sit in rocking chairs on the front porch, swapping old stories. In his speech to the legislature, Haley noted that we are the reflection of the better days longed for by our ancestors.

These are just a handful of famous and inspiring Tennesseans who have visited our legislature. You can find more information and discover other famous visitors through our legislative history program. The Tennessee State Library & Archives is responsible for recording all sessions, committees and subcommittees of the House and Senate, dating back to 1955.

The State Library and Archives is a division of the Tennessee Department of State and Tre Hargett, Secretary of State