Samuel Landrum to Beriah Magoffin

KYR-0001-023-0155.xml

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Accession Number

KYR-0001-023-0155

Document Genre

Correspondence

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, 1859-1862

Item Location

MG1-309 to MG1-310

Place of Creation

Hickman, Fulton County, Kentucky

Date of Creation

6 May 1862

Dates Mentioned

1862-05-06

1861-12-23

1862-05-30

Samuel Landrum to Beriah Magoffin, 6 May 1862, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, 1859-1862, MG1-309 to MG1-310, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-023-0155, (accessed April 26, 2024).

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Hickman Kentucky
May 6 1862
To His Excelency Beriah Magoffin
Govr of Ky
Dear Sir

By the Request of Several Citizens of this County I avail myself of the presant opertunity of addressing you in regard to the Condition of the Civil authorities of our County.

During the Existence of the provisional Government at Bowling Green the officers of this County were Compelld to be sworn in under their Regulation;. Our County judge Sheriff Magistrates ~~[...]~~Clerks &c

They are now in consequence of that none of them acting. Are their offices vacated by reason of their having taken the oath to support the provisional Government of Ky. being forced to do so when they were Reguarly & Constitutionally elected by the legal voters of the County.

If their offices are vacated will you make appointments to fill the Vacancies untill August next at which time our regular Election Comes on. If so the Citizens of our County desire to Suggest to Your Excelency the names of Such as would meet the approbation of the people as they are desirous of Complying with and Carrying out the Constitution and Laws of
the Commonwealth of Kentucky

Please let us heare from you at your earliest Convienance upon the Subject mentioned within and much oblige

Very truley your friend
Sam^l Landrum

County officers compelled by force ^threatenig life^ against their will to take an oath to support an unlawful Provisional Government of Kentucky and who return to their allegiance as soon as the force or danger to life is removed -- may proceed with the exercise of their lawful functions as officers of Ky. But in cases where the incumbents were not so compelled against their will, or where they refuse to act, ^in performance of official duty^ the remedy is to institute such proceedings as will remove the incumbent from office. The Governor has not the power of removal of County officers. The courts have this power. When there is a vacancy by removal from office by the proper authority, death, resignation &^c and such vacancy is regularly made known to the Governor, then, where he has the power of appointment or to order Elections he can act in the premises

The August Election will soon transpire -- see Act of Dec^r 23 1861 as to elections in insurrectionary districts -- with a county Judge a Circuit Court Judge and Commonwealth attorney to start the holding of courts the machinery of civil government may be put in motion.

James Att^o Gen^l

Sam^l Landrum

Letter to Gov. Magoffin
Atto Genl James' Response
May 30^th 1862

Refer to Atto General --
B. M.

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