Provisional Government of the State of Kentucky, Journal

KYR-0004-033-0003.xml

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Accession Number

KYR-0004-033-0003

Document Genre

Journal

Repository

Filson Historical Society

Collection

Kentucky Confederate Provisional Government Journal

Item Location

p. 7-12

Place of Creation

Russellville, Logan County, Kentucky

Date of Creation

20 November 1861

Dates Mentioned

1861-11-20

Provisional Government of the State of Kentucky, Journal, 20 November 1861, Kentucky Confederate Provisional Government Journal, p. 7-12, Filson Historical Society, Louisville, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0004-033-0003, (accessed April 20, 2024).

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Third Day

The Convention met at 10 O'Clock the President in the chair
Prayer was offered by the Chaplain.

The following resolution was offered by E. M. Bruce and unanimously adopted by the Convention

Resolved That the thanks of this Convention be and are hereby tendered to Gen. John S. Williams and his gallant command for the recent brilliant victory achieved by them over a largely superior force of the enemy

The select Committee reported through their chairman the following:

Whereas the Federal Constitution, which created the Government of the United States was declared by the framers thereof to be the supreme law of the land, and was intended to limit and did expressly limit the powers of said government to certain general specified purposes and did expressly reserve to the States and people all other powers whatever and the President and Congress have treated this supreme law of the Union with contempt and usurped to themselves the power to interfere with the rights and liberties of the States and the people against the expressed provisions of the Constitution and have thus substituted for the highest forms of rational liberty and Constitutional Government a central despostism founded upon the ignorant prejudices of the masses of northern society; and instead of giving protection with the Constitution to the people of
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fifteen States of this Union have turned loose upon them the unrestrained and rageing passions of mobs and fanatics; and because we now seek to hold our liberties, our property our homes and our families under the protection of the reserved powers of the States, have blockaded our ports, invaded our soil, and waged war upon our people for the purpose of subjugating us to their will; and whereas our own honor and our duty to posterity demand that we shall not relinquish our own liberty and shall not abandon the right of our descendants and the world to the inestimable blessings of Constitutional Government:

Therefore be it Ordained
That we do hereby forever sever our connection with the Government of the United States, and in the name of the people we do hereby declare Kentucky to be a free and independent State, clothed with all power to fix her own destiny and to secure her own rights and liberties.

And whereas, the majority of the Legislature of Kentucky have violated their most solemn pledges, made before the election, and deceived and betrayed the people; have abandoned the position of neutrality assumed by themselves and the people, and invited into the State the organized armies of Lincoln; have abdicated the government in favor of the military despotism which they have placed around themselves, but cannot control, and have abandoned the duty of shielding the citizen with their protections; have thrown upon our people and the State the horrors and ravages of war, instead of attempting to preserve the peace, and have voted men and money for the war waged by the North for the destruction of our constitutional rights; have vialated the express words of the Constitution by borrowing five millions of money for the support of the war without a vote of the people; have permitted the arrest and imprisonment of our citizens and transferred the constitutional prerogatives of the Executive to a military Commission of partizans; have seen the writ of habeas corpus suspended without an effort for its preservation, and permitted our people to be driven in exile from their homes; have subjected our property to confiscation, and our persons to confinment in the pentitentary as felons, because we may chose to take part in a cause for civil liberty and Constitutional government, against a sectional majority waging war against the people and institutions of fifteen Independent States of the old Federal Union; and have done all these things deliberately against the warnings and vetoes of the Governor, and the solemn remonstrances of the minority in the Senate and House of Representatives -- Therefore be it further ordained that the unconstitutional edicts of a factious Majority of a
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Legislature thus false to their pledges their honor and their interests, are not law, and that such Government is unworthy of the support of a brave and free people, and that we do therefore declare, that the people are hereby absolved from all allegiance to said Government and that they have the right to establish any Government which to them may seem best adapted to the preservation of their rights and liberties.

Constitution

Sec. 1. The supreme executive and legislative power of the Provisional Government of this Commonwealth hereby established shall be vested in a Governor, and ten Councilman one from each of the present Congressional districts- a majority of whom shall constitute a quorum to transact business- The Governor and Councilmen to be selected by the members of this Convention in such manner as may be proscribed by this Convention-

Sec 2. The Governor and Council are hereby invested with full power to pass all laws necessary to effect the objects contemplated by the formation of this Government. They shall have full control of the army and navy of this Commonwealth and the militia thereof

Sec. 3. no law shall be passed or act done, or appointment made either civil or military by the Provisional Government except with the concurrence of a majority of the council and approval of the Governor, except as herein specially provided.

Sec. 4. In case of a vacancy in the Gubernatorial Office occasioned by the death resignation or any other cause, the Council shall have power to elect a Governor as his sucessor, who shall not however be a member of their body.

Sec. 5. The Council hereby established shall consist of one person selected from each Congressional District in the State to be chosen by this convention, who shall power to fill all vacancies from any cause from the district in which such vacancy shall occur

Sec. 6. The Council shall have power to pass any acts which they may deem essential to the preservation of our liberty and the protection of our rights and such acts, when approved by the Governor, shall become law, and as such shall be sustained by the Courts and other departments of the Government

Sec. 7. The Governor shall nominate and by and with the advice and consent of the Council shall appoint all judicial and executive and other officers necessary for the enforcement of law and the protection of society under the extraordinary circumstances now existing, who shall continue in office during the pleasure of the Governor and Council or until the establishment of a permanent Government.
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Sec. 8. The Governor shall have power by and with the consent and advice of the Council to conclude a treaty with the Confederate States of America by which the State of Kentucky may be admitted as one of said Confederate States upon an equal footing in all respects with the other States of said Confederacy

Sec. 9. That three Commissioners shall be appointed by this convention to the Government of the Confederate States of America with power to negotiate and treat with said Confederate States for the earliest practicable admission of Kentucky into the Government of said Confederate States of America; who shall report the result of their mission to the Governor and Council of this Provisional Government for such future action as may be deemed advisable, and should less than the full number attend, such as many attend may conduct such negotiation

Sec. 10. So soon as an election can be held free from the influences of the armies of the United States the Provisional Government shall provide for the assembling of a convention to adapt such measures as may be nescessary and expedient for the restoration of a permanent government Said Convention shall consist of one hundred delegates, one from each representative district in the State except the counties of mason and Kenton each of which shall be entitled to two delegates

Sec. 11. An Auditor and Treasurer shall be appointed by the Provisional Government, whose duties shall be prescribed by law and who shall give bond with sufficient security for the faithful discharge of the duties of their respective offices to be approved by the Governor and Council.

Sec. 12. The following oath shall be taken by the Governor, members of the Council Judges and all other officers civil and military who may be commissioned and appointed by this Provisional Government. "I [ ] do solemnly swear (or affirm) in the presence of Almighty God and upon my honor that I will observe and obey all laws passed by the Provisional Government of Kentucky so help me God."

Sec. 13. The Governor shall receive as his salary two thousand dollars per annum and the Councilmen five dollars per diem while in session and the salary of the other officers shall be fixed by law.

Sec. 14. The constitution and laws of Kentucky not inconsistent with the acts of this convention and the establishment of this Government and the laws which may be enacted by the Governor and council shall be the laws of this State.
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Sec. 15. That whenever the Governor and Council shall have concluded a treaty with the confederate States of America for the admisssion of this State into the Confederate Government, that the Governor and Council shall elect two senators, and provide by law for the election of members of the House of Representatives in Congress

Sec. 16. The Provisional Government hereby established shall be located at Bowling Green Ky but the Governor and Council shall have power to meet at any other place that they may consider appropriate

Done at Russellville in the State of Kentucky this twentieth day of November in the year of our Lord Eighteen hundred and sixty one

This Declaration of Independence and ordinance of separation was acted upon by sections and the whole unanimously adopted as was the plan of a Provisional Government.

Mr P. B. Thompson of Mercer County, offered the following resolutions which were ananimously adopted

Resolved That this convention do now proceed to elect --
1. A Governor. 2. Councilman. 3. Commissioners to Richmond

Resolved That in the election of Governor, Councilmen, and Commissioners the vote shall be taken by Representative Districts, each District having one vote.

Resolved That it shall be the duty of the presiding officer of this Convention to administer to the Governor and Councilmen when elected the oath of Office prescribed in the plan of Government just adapted.

Resolved That the Governor and Council shall take charge of the minutes and proceedings of this convention, and have the same or so much thereof as they may think proper, published in such manner as they deem best

Resolved That the members of this Convention shall each annex his signature to the Constitution now adopted.

The Convention then proceeded to elect a Governor and ten members of the Council and Commissioners to Richmond with the following result

Governor	George W. Johnson	of Scott
Councilmen	1st Congressional District	Willis B. Machen of Lyon
"	2nd Congressional District	J. W. Crockett of Henderson
"	3rd Congressional District	J. P. Bates of Barren
"	4th Congressional District	J. S. Chrisman of Wayne
"	5th Congressional District	P. B. Thompson of Mercer
"	6th Congressional District	J. B. Burnside of Garrard
"	7th Congressional District	H. W. Bruce of Louisville

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Councilmen	8th Congressional District	E. M. Bruce of Nicholas
"	9th Congressional District	J. W. Moore of Montgomery
"	10th Congressional District	George B. Hodge of Campbell

Commissioners to Richmond
Wm Preston of Louisville
W.E. Sims of Bourbon
Henry C Burnett of Trigg

On motion of Willis B. Machen, DrLuke P. Blackburn of Mississippi was invited to accompany our Commissioners to Richmond

By a vote of the Convention the injunction of secresy was removed from the proceedings of the Convention

It was ordered that a copy of the proceedings be furnished to each member of the convention

A resolution thanking the President of the Convention for the fidelity and ability with which he had discharged the arduous and delicate duties devolving upon him, was unanimously adapted

A resolution thanking the proprietor of the Hall in which the Convention had assembled was unanimously adopted.

The Declaration and plan of the Provisional Government having been enrolled on parchment, the members of the Convention in attendance affixed their names thereto

And the Convention adjourned Sine-die

H. C. Burnett
President Convention

R. McKee Secretary
of the Convention
T. S. Bryan
T. L. Burnett } Assistant Secretaries

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