Thomas E. Bramlette, Speech

Accession Number

KYR-0001-008-0003

Document Genre

Speech

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Messages to the General Assembly, 1863-1867

Item Location

BR1-318 to BR1-319

Place of Creation

Frankfort, Franklin County, Kentucky

Date of Creation

13 February 1864

Dates Mentioned

1864-02-13

In House of Representatives,
SATURDAY, FEBRUARY 13, 1864.

A message was received from the Governor, by Mr. PAGE, Assistant Secretary of State, which was referred to the committee on the Judiciary, viz:

EXECUTIVE OFFICE,
Frankfort, February 13th, 1864.
Gentlemen of the Senate and House of Representatives:

Since the commencement of the rebellion large numbers of fugitve slaves have been arrested and committed to jail, under the provisions of chapter 93, article 6, Revised Statutes.

This statute was framed in reference to peaceful relations, and to ensure those acts of comity, due from one State to another, of the same government.

The law was intended to secure to the owner the return of his slave.

This purpose of the law can not now be accomplished.

The hostile attitude of the other slave States to the position and relations of Kentucky, wholly precludes the owner, in hostile States, from the benefits of the law. He can not come here to prove ownership and reclaim his property. And such is the separation that he has no means of obtaining information of the arrest and commitment of his slave; our relations being such that he is entirely shut out from information. It follows from these well-known facts, that the law can not be carried out according to its purpose; and that the arrest and commitment of a fugitive slave from another State is not, and can not be, for the benefit of the owner — as the law intended.

For whose benefit is the arrest and committall to be made? The owner can not be profited by it; and no Kentuckian desires to appropriate these fugitives to the public use; nor is it desirable in this questionable mode to increase that population, at this time, with its cumulative evils upon our people, in violation of the spirit of our constitution and the laws pursuant thereto, prohibiting the importation of slaves into this State, as merchandize. No one derives benefit from the law except the captors, who obtain the reward, and speculators, who buy at nominal rates, and by selling, shift the loss upon others.

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Our Court of Appeals has recently very correctly decided, that citizens of belligerent States can not maintain actions in our courts. The civil rights and remedies, which they enjoyed in their amicable relations, are suspended by their present attitude of hostility. This same hostility suspends the law for the rendition of fugitive slaves, in all its practical workings, on behalf of the owner. A bill has been passed and approved, at the present session, to remedy some of the evils growing out of this law. It provides for refunding money paid by purchasers, in cases where the slave has been taken by the federal authorities. Claims for compensation to jailors, and for fees for advertising and other expenses, will be constantly coming up, in cases where the military authorities take possession of these fugitives, after their committal. In addition to these results, there are other matters of great interest involved. The federal authorities claim, that by the laws of war the fugitives become captives of war, and are to be disposed of by the federal authority. This claim, whether well or ill-founded, brings our civil authorities, under this law, in collision with the federal. Shall the loyal State of Kentucky be brought in collision with the government, upon an issue as to which shall take charge of and dispose of a slave who has escaped from our enemies? Each may assert that the other has no right to the slave — perhaps with equal truthfulness. Yet, it certainly can not be deemed either the part of wisdom or prudence, that we should, in such a quarrell, endanger our own security or break our relations of amity with our government.

If we say the federal authoirites have no business to intermeddle in this matter, it might be retorted, that we have less. If rebels choose to brave the consequences of rebellion, whether legitimate or illegitimate, the fault is theirs — not ours; and we should not compromit any of our rights or securities, by assuming their quarrel with our government, by undertaking to keep their slaves for them. While in rebellion they have no claims upon us, whose government and laws they seek to overthrow and destroy. When they cease to be rebels, and become submissive to the just demands of our government, it will be the proper time for Kentucky to raise her voice in behalf of a repentant aud prodigal people, who have wasted their estate in rebellion, and have returned for shelter beneath the banner, and within the constitution of our fathers.

The people of Kentucky are a loyal people, and will not assume the quarrel of those in rebellion, nor will they consent to collide with the government because of their disapprobation of measures adopted for the suppression of rebellion.

We can not afford to have a collision with the federal authorities
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upon the question of which shall take charge of and dispose of the fugitives from the belligerent States.

What are we to do with these fugitives? We do not want them, we can not restore them to their owners, who are our enemies, we can not afford, at the public charge, to keep them in confinement, nor can we suffer them to go at large, to the demoralization of our own slaves. We wish to avoid collision with our government, upon a question wherein we have no interest, security, or rights involved. These fugitives are not ours, we do not claim them and do not want them, and have no personal interest in them, except to get rid of them in such way as not to endanger our own safety. To maintain our own rights in the government and under its constitution and laws, is what we seek. We can not afford to endanger a forfeiture of these, by neglecting our own securities, to look after the claims of those who are in hostility with us, and seeking our destruction.

Some legitimate mode of relieving ouselves of the evils growing out of a collision of authorities, should be adopted, and at the same time secure ourselves against the demoralizing effects of leaving these fugitives to go at large within our limits. The law, so far as it purposes a restoration to the owner, is suspended by the state of hostilities existing, but this leaves the runaway still on our hands. Whether the fugitives should be turned over to the federal authorities, and leave the owner to dispute his rights with the government, as we can not afford to do so for him, at the hazard of our own security; or whether he should be hired out to defray his expenses until the law can be fairly executed; or whether he shall be sent beyond our limits at the public expense, are questions left for your consideration. The sale of such fugitives is calculated to involve our citizens in troublesome disputes, and in losses, and to beget an angry conflict with the federal authorities. The federal authorities claim these fugitives and take them from the jails and from purchasers. We should, by some wise and carefully digested mode, make provision for the avoidance of these evils.

In calling your attention to this subject, with the suggestions which I have deemed proper to submit, I feel that I have discharged my duty — the rest remains with you.

THOS. E. BRAMLETTE.

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