Provisional Government of the State of Kentucky, Journal

KYR-0004-033-0010.xml

Accession Number

KYR-0004-033-0010

Document Genre

Journal

Repository

Filson Historical Society

Collection

Kentucky Confederate Provisional Government Journal

Item Location

p. 20-32

Place of Creation

Bowling Green, Warren County, Kentucky

Date of Creation

27 November 1861

Dates Mentioned

1861-11-27

1861-11-26

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Wednesday November 27.^th 1861.

Hon^l. W. B. Machen

A communication from John M Johnson was received and read and referred to the Committee on Banks

Co^l. Robert McKee the Secretary of State elect and took the Oath Of Office required by law.

Mr Thompson moved the following resolution —
Resolved That the Council now proceed to the election of a Public Printer —
Which was adopted.

The Council then proceeded in pursuance of said resolution to the election of a public Printer.
H. W. Bruce put in nomination W. N. Haldeman as a suitable person for said Office — There being no other nominations W. N. Haldeman was declared duly elected Public Printer for the Provisional Government of the State of Kentucky.

Governors Messsage
A Message was received from the Governer by Robert M^cKee Secretary of State:

Mr President: I am directed by the Governor to lay before this Council a message in writing:

Mr President and Gentlemen of the Legislative Council:

I congratulate you upon the hopes inspired by your assemblage as the Provisional Government of the State of Kentucky. Threatened by an intolerable despotism by the fanatics who gained possession of the Federal Government under president Lincoln, the people of Kentucky, in convention from seventy-two Counties, have severed forever their connection with the United States, in order to save our institutions, our rights, and constitutional liberty from destruction. A "Constitution broken in every clause" by the President, by Congress, or by their Officials and menials, is the only proof we need to hold up before an enlightened people as our justification for that act.

Constitutional government is the characteristic of American liberty. By written and Supreme laws the people of America have for nearly a century, habitually protected themselves from the ambition, the selfishness, and tyranny so justly to be apprehended from all governments.
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A profound and happy domestic peace, pervaded the whole country and rewarded their vigilance, until the abolition parties, growing with the growth of the North, determined to interfere with the domestic institutions of fifteen slave-holding States. The very organization itself of such a party in the free States, where the question of slavery had already been disposed of was a revolt against the Federal Constitution. Their avowed purposes were at war with the words of the Constitution, the decisions of the Supreme Court and the whole usage and history of the government; and when so infamous a party gained possession of the Federal Government, a profound dread of the consequences seized upon the whole nation — The ardent patriot might exclaim that all was safe, because we still had a Constitution to protect us; but the fact existed and was well Known, that the abolition majority regarded the Constitution as no more than waste paper lying in their highway to power. Having possession of the Government, and passing without hesitation beyond the sacred precints of the Constitution, they soon clothed themselves with power to crush out all who opposed them. The worst despotism on earth was thus established, overwhelming in ruin, rights of property, liberty of person, and freedom of speech and the press. A nation may enough to glut the avarice, and satiate the ambition of a King, Emperor or Sultan; but what can satisfy the million of rulers constituting an unprincipled and unrestrained majority? An absolute despot may destroy his rivals to the throne, and yet love and protect his subjects; but when an unrestrained majority is enthroned, the balance of the nation is its rival; and the minority never can have enough to glut the thousand-headed monster which destroys society. Such a government is a reign of hell upon earth — a deluge from the infernal pit itself.

Such however are the inevitable consequences of a destruction of the Constitution in a Republic by a determined majority, and it must always convulse and destroy the very foundations of civil society. In such cases the minority can have no hope except in an immediate resort to arms. Where conscience does not restrain a majority, can a Constitution or a law be expected to do so.

To this alternative of war or destruction the South were reduced by a fanatical sectional majority; and eleven sovereign States united together and justly responded with the sword. They have met the majority in the field, and been crowned with victories worthy of the great cause of Constitutional Government which they maintain.

Kentucky desired to mediate and remain neutral between the contending parties, It would have been more wise if she had
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foreseen the utter ruin which would and always must, follow the destruction of constitutional government, and if she also had drawn the sword with the Southern States for its preservation. The position, however, of Kentucky, was at least honorable and dignified if it was not wise, it was honorable because she thus hoped for peace and the restoration of the Constitution. In this, however, she was disappointed, as all wise men saw she would be. The robber does not relinquish his prey at the intercession, but to the force of society. Neither did the ambitious demagogues and fanatics who had seized the Government and outraged the Constitution intend to relinquish their power or purposes to the remonstances of Kentucky or the South. They had deliberately plotted for years for power to destroy the Constitution which protected Southern institutions; and in the first intoxication of victory, it was a species of madness in Kentucky to expect abolitionists to dash the cup untasted from their lips.

Kentucky, instead of joining her Southern friends in the field began by proposing that the abolitionists should give more protection to negro property, She thought that men might be induced to protect that which it was the very object of their organization to assail and destroy- It would have been as rational to expect the hungry tiger to relinquish the lamb at the entreaty of the shepherd.

The North refused to grant Constitutional amendments for the protection of slave property; and thus the Peace conference inaugurated by Virginia and Kentucky, closed its labors, — an utter failure.

Baffled in thus securing protection to Souther institutions and her own by constitutional amendments, the leaders of the Union party (the Country being now in the midst of war) advanced the idea of peace and neutrality — The people were for the South if the Union was permanently broken, and the leaders of the Union party Knew it; but for the present they pretended to be for "neutrality and peace", and when the war closes, they said, Kentucky will decide her own destiny by a vote.

This doctrine was acceptable to the people and was sustained by a large majority. This position gratified the wish for repose in the midst of war; it appealed to the avarice of men by promising uninterrupted commerce with both sections; and it still presented to the mind of the people an ultimate certain connection with the South. The Union leaders were driven from this position by their abolition allies, as they had been from the former one of Constitutional amendments to protect the South. Lincoln desired access to Eastern Tennesssee and Western Virginia
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through Kentucky, and thus intended to strike a fatal blow at the heart of the Southern Confederacy. He refused any longer to respect the neutrality of Kentucky, and the Union leaders again advanced at his demand.

Congresss met; neutrality was abandoned; the leaders of the Union party voted men and money for the war. At this flagrant violation of their pledges, the people including all shades of Opinion were deeply indignant. Fearing the people the Union leaders now secretly united with the abolitionists and began the introduction of arms, and the organization of an Army at camp Dick Robinson for their protection. The Legislature met; and the leaders with an army of 8.000 men aroused them, determined, when disguise was no longer possible, to overawe the people and openly join the Lincoln party. Many of their own party in the Legislature were forced by party dictation to abandon the doctrine of neutrality, which they had honestly maintained, and to unite in a system of measures the most atrociously proscriptive and unjust the world had ever seen.

During all the phases, therefore, of the Union party, the people Composing it were always for an ultimate connection with the South; nor are the positions of "Constitutional Amendments" and of "strict Neutrality" at all inconsistent with this idea. The one was intended to protect the South by an amendment of the Supreme Law; — and the other, by interposing Kentucky as a neutral between the North and South, to guard the latter from the blows of the former; — for the territory of Kentucky lies as a shield over the very heart of the South- Thus it is fully proven by the creeds of both parties into which the people of the State were divided, that a large Majority now are and always have been in favor of a connection of Kentucky with the South.

That all men may Know which of the two great parties was guilty of plunging the State into war, a fact will now be alluded to which is not generally Known. Camp Dick Robinson in Garrard County had at the opening of the session of the last Legislature, been for several weeks in possession of Lincoln troops. General Polk had just taken possession of Columbus and General Grant of Paducah, and no other troops but these were in Kentucky. Being anxious to preserve the neutrality of the State, and to induce the Legislature to propose terms for a general peace, which it is still believed would have been satisfactory both to the United States and the Confederate States, I remained at Frankfort after my return from Richmond, where I had been at the instance of the Governor, some ten or twelve days, After considerable negotiation, the Southern party including the Governor, Senators and Representatives, proposed to permit a Lincoln force of five thousand men to remain in
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Garrard County, to be used as a police force, and to first to request the withdrawal of General Polk, if they would then request the withdrawal of General Grant from Paducah.

By request this proposition was reduced to writing, carried to the caucus of Union Members of the Legislature, discussed there till late at night, and was finally rejected. The Legislature had ordered the removal of General Polk a few days before, and the Governor had not determined to vetoe this proposition until he heard of the rejection of the Counter proposition by the Union caucus. The Hon^l.James F. Robinson of Scott, Judge Buckner of Fayette, and Mr Fisk of Covington, all Union men and members of the Legislature, will sustain the truth of this statement.

The union majority in the Legislature had before them the letter of President Davis promising to respect the neutrality of Kentucky; They had "the pledge upon honor" given a few days before by the Southern rights States Convention; they knew that in defensive war, the neutrality of the State was worth more to the South than active co-operation in the war, raising up, as it did, an impassable barrier of four hundred miles for their protection, and that it was the interest of those with whom they sympathized, that we should maintain it strictly; and they had, finally, a proposition by which we allowed them a force of five thousand men in the State, if they would stand by their own pledges and position; — and they deliberately rejected all and determined upon war. Thus are the leaders of the Union party, acting against the will of their own constituents, justly and forever branded as the authors of the war in Kentucky — They unnecessarily and without cause, except a selfish ambition, deliberately plunged the State into war, and will drench it in blood- This deliberate violation of the Neutrality of Kentucky was the most unnecessary, and therefore foolish, crime which disgraces the annals of history- Had they preserved the neutrality of the State — their own position — and presented to the beligerents a proposition for peace, founded on the basis of recognized independence for the South, and of continued free trade between the North and the South, they would have been hailed forever as just mediators and the benefactors of the human race. Instead of this, surrounded by an organized army, and usurping as a Legislature all the powers of Government, they began a system of proscription, and established over the people a "reign of terror" to which no freeman could submit, and which drove many of our best men in exile from their homes. They knew they had deceived and betrayed the people, and they Knew also, that nothing short of the most ruthlesss and savage Statutes enforced by infamous Judges, and sustained by organized
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armies, could restrain the freemen of the State from hurling them from their seats.

The question now arose, shall we submit to anarchy, without law for the protection of society, and to laws hostile to our liberties, from respect to the forms of civil government? Or shall we resist an unprincipled despotism and usurpation wherever we find it? Shall we stand still because the popular branch of the government abuses its powers, to overwhelm and crush the will of the people? Were we to stand still whilst these tyrants deprived us of our personal liberty, stripped us of our property, transferred our State and incorporated it as a part of the dominions of Lincoln? Were we to stand still while the will of the great body of the people, which had decreed a connection of the State with the South, was being outraged by a factious majority in the Legislature? Should we stand idly by and permit our destinies to be forever connected with the North; our feelings to be outraged; our interests to be ruined; our sympathies to be disregarded; and to be compelled to make war upon our friends, in the South, and to furnish our soldiers and our money to subjugate our sister Southern States — and all this because it so pleased a corrupt and treacherous Legislative majority? Never! Death itself ought to be, and is, preferable to such dishonor.

The people are the true basis on which Republics must rest, and they have organized the government of which you are the representatives. They have said that they will not be joined to the northern despotism in this war on the South — that they will not obey those who have arrogantly assumed to be their Masters — that they will not hunt down their brethren in the South, nor dip their hands with Northern fanatics in their brother's blood — that they will not stand idly by to witnesss the destruction of the Constitutional privileges of their people, and see them chased down by northern blood hounds — that they will not submit to hostile laws or to anarchy without law — and hence they have organized this government — And for one I will perish before it shall be pulled down by any power —

The first and most important duty which is before us is to bring to the Confederate States all our resources for the successfull prosecution of this war; and to do all we can to turn the minds of all parties to terms of honorable peace. — To the first of these duties you have already turned your attention; and I trust the world will soon see the result of your labors in your organized battallions of brave and dauntlesss Kentuckians — In regard to the latter subject, I will suggest that there are terms in my opinion
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on which a general peace should now be established — It is vain and idle ever to expect a reconstruction of the old Union. The blood which has crimsoned our land renders its re-construction forever impossible, even if it were otherwise advisable. As for the conquest of the Confederate States, the idea is not worth an argument — it is simply absurd and ridiculous — Who in all history ever heard of a nation of eight millions of civilized men, of the Caucassian race, being conquered and held in peaceful subjection? The presence of the negro race adds greatly to the military spirit and strength of the Confederate States. They till our grounds, whilst our sons fight our battles; and our ordinary pursuits are scarcely interrupted by the war. The Southern Confederacy is to-day, from the nature of its pursuits, and from the character and education of its people, the greatest Military power, in proportion to population now on earth. It will at least be admitted by all rational and calm Men, that the twelve Confederate States cannot be conquered by the Nineteen Northern States — Why, then, shall this war be longer waged by the starving Millions of the North? Peace to them will soon be a necessity, and its conditions should be fair and generous upon each side. The Independence of the South must be acknowledged and free trade should continue as heretofore between the nations. The South is entitled to the right of independent legislation for her own peculiar social system, and could well afford to establish between themselves and the North a perpetual free trade.

These terms of peace would unite the slave States in one independent Confederacy, and the free States in another, and would leave as in the Old Union perpetual free trade between the two. Each Confederacy could establish, alter, or abolish its own tariff laws at pleasure, leaving under such laws, however, free trade to each Confederacy in the actual products of the other. This would remove all difficulties as to free navigation of the great rivers which span both Confederacies, and lessen the difficulties with both nations in the establishment of long lines of inland cutom houses upon the borders of each. This arrangement would restore to the North all the legitimate advantages of the old Union in their trade with the south, and deprive them forever of the power of oppressing the South by their sectional majorities — It would restore to their commercial cities the bloom of new prosperity. The South would soon rise by the independent development of her own vast resources into the position of the first power in America. They would establish, alter, or abolish their tariff system to suit their own views, whilst their agricultural products, their delightful climate, their fertile soil, and their proud and noble race of men,
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would place them upon the throne of the commercial world.

Such an association of hmogeneous States into Confederacies, and the union of these confederacies by free trade, would probably be the most economical, the purest, and wisest system of government ever devised by man for the protection of States and the welfare of mankind — The unwise legislation, the supremecy and arrogance of sectional majorities — the disputes resulting from the conflicting interests of different climates and different social systems — and the gross frauds resulting from the vast extent of the nation, and the impossibility of close supervision — all of which have to some extent disgraced our former history, could find no place in such an organization. It would seem, also, to be in accordance with the will of that God who created the various races of man, and is the Author of the diversified geography, climates and products of the world, and of all the varying forms of civilization, developed in accordance with the varying tastes and modes of thought of the different races, whose greatest welfare, in spite of these diversities, consists in universal peace and universal free trade.

Another task, gentlemen, which peculiarly lies before us, is to provide for the welfare of our native State; to preserve, as far as possible, the civil rights of our people, and to soften the asperities of war; but at the same time to vindicate firmly, and by all just and rational means, in our power, the right of a free people to constitutional government, and to restore to them at the earliest possible moment the power to fix their own destiny in their own way, by the organization of a permanent State Government- In the discharge of all these duties, I will zealously unite with you. The position I now hold by the appointment of the Convention lately held at Russellville, I will gladly resign whenever the regularly elected Governor shall escape from his virtual imprisonment at Frankfort, so that you may have the opportunity of placing him at the head of this movement for the emancipation of Kentucky —

I cannot entertain a doubt that the distinguished gentlemen who were appointed Commissioners to treat with the Confederate government, for the admission of Kentucky will be successsful. That such a result would be in accordance with the wish of a vast majority of the people of the State, I have not the slightest doubt, and have devoted most of this messsage to prove.

In deciding the diffcult questions which must render the peculiar condition of affairs now existing in the State, be submitted to your judgment, you will, I trust, be always governed by a spirit of moderation- Let no private citizen be able to say truly, the Provisional Government of Kentucky
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has acted towards me unjustly; or that we have not done all we could for the protection of his property and his person, and for the preservation of his Constitutional liberty. Let us rise entirely above the party passions and prejudices which disgrace the age, and nobly, ~~and~~ truly, and faithfully discharge the duties of our position.

But in announcing our intentions in regard to the protection of all the rights of private citizens, so far as the same may be possible, in the midst of war, it is equally our duty to maintain with the utmost firmness the Provisional Government of the People of Kentucky. These we will not abandon or betray, and all officers who will not submit to this action of the people, should be superceded by those who will — The funds, also, now in the possession of banks, clerks, sheriffs, and other collecting officers belonging to the State, or rather to the people of Kentucky, should not be used to break down the liberties of the very people who paid them. It is past endurance to allow our enemy to tax our people for their own subjugation — We cannot and must not allow this to be done. We could with more dignity abdicate our positions, and abandon our own liberty and country, than we could permit the Officers of the State to pay over the money of the people to the agents of Lincoln for their own subjugation. As well may we be expected to furnish soldiers and arms to the enemy, or to purchase the axe for own execution.

As the lines of the Confederate armies extend over the State, it would confer great and mutual advantages upon the citizens of this part of the State, and upon those of the Confederate Government, if a system of free trade was established. A mutually advantageous exchange of provisions, bread stuffs, horses and mules, for the cotton, sugar, rice tobacco and other products of the Southern Confederacy, would tend greatly to the relief of the people from the pressure of such wants as are necessarily caused by the embargoes of the war. The natural markets of Kentucky are in the South, and our friends should have the advantage of them, as our lines extend. The contrast between the condition of this part of the State, under such a system of free trade with the South, compared to that of our own people beyond our lines, would tend to make our cause many ardent friends- The commanding General of the Confederate armies could subject such trade to such restrictions as in his Judgment would prevent the smuggling of Southern goods beyond his lines to the enemy. I advise a correspondence on this subject with the President of the Confederate States of America.

In conclusion, gentlemen, I will say, our government
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is founded on the eternal principles of right. Let us perpetuate it by the moderation, the justness, and firmness of its administration — Let all our energies be given to the great work before us, — the preservation of the liberties of our native State. In such a cause I do not myself doubt that we will have the assistance of that Omnipotent Being who guides and controls at pleasure, the destinies of nations.

George W. Johnson

Bowling Green Ky
November 26^th 1861.

Mr Thompson moved the following resolution- Towit
Resolved That the Public Printer, print five thousand copies of the Governors message accompanied with an equal number of copies of the preamble and constitution of the Provisional Government —
Which was adopted —

Mr E. M. Bruce from the committee on Banks presented the following report Towit:

Bowling Green Novr. 26.^th 1861
Hon^l Willis B. Machen speaker. Present-

Sir. Your committee on Banks beg leave to report: — That they have reliable information that the various Banks of Kentucky have on deposit in New Orleans in Coin one or two millions of dollars- and that each and every one of said Banks have made large loans to our enemy- the Federal Government — for the purpose of aiding the "Lincoln despotism" in subjugating this State to its rule- and that the said Banks have removed a large amount of coin and other assets beyond the limits of this State. thereby rendering the redemption of their circulation impossible in future, to the great injury and detriment of the people of Kentucky- We therefore beg leave to recommend that some immediate action be taken, to secure this fund in New Orleans to your government; and further recommend that the Governor be directed to confer fully with the Confederate Government at Richmond in regard to the most practicable mode of securing and obtaining possession of this fund at the earliest practicable moment. Your Committee beg leave to report further;- That they have reliable information, that the various Banks within our lines (Except only the Souther Bank at Russellville and branches) have removed and are removing their coin and other assets within the lines of the enemy — We therefore recommend that the Governor be directed to take
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immediate possession of each and every Bank, together with their entire assets and hold the same subject to the further direction of your "Legislative Council" — say the following Banks.

Branch Bank of Kentucky at Bowling Green
Branch Bank of the Northern Bank of Kentucky at Glasgow.
Branch Bankof Kentucky at Hopkinsville
Branch Bank of the Farmers Bank at Princeton
The Peoples Bank at Bowling Green
Branch of the Northern Bank at Columbus
And all other Banks as they may come within our lines by the advance of our army or otherwise, except only the Southern Bank at Russellville and Branches.
In furtherance of these views your committee beg leave to offer two resolutions for the consideration of your "Legislative Council" and ask further time to consider deliberate and report upon this most intricate and embarassing subject.

E M Bruce Chairman

Thereupon Mr E. M. Bruce moved the following resolutions viz:
Resolved That the Governor be and he is hereby directed to take immediate possession of the following Banks and entire assets or so many thereof as are not in the possession of the Confederate army, and for such as are in possession of said army, to negotiate with the commanders thereof for the transfer of the same to this government. Viz:

Branch Bank of Kentucky at Bowling Green
Branch Bank of the Northern Bank at Glasgow
Branch Bank of Kentucky at Hopkinsville
Branch Bank of the Farmers Bank at Princeton
Branch Bank of the Northern Bank at Columbus. and
The Peoples Bank at Bowling Green —
And all other Banks which may hereafter fall within our control by reason of the advance of the Confederate Army or otherwise- except the Southern Bank and Branches And in order to enable the Governor to accomplish the aforesaid objects, he is authorized to make use of the Militia of this State if necessary, and to call for such other assistance as he may deem necessary. Said Banks and assets to be held by him subject to the future order of this Council for the benefit of the rightful owners thereof

2^nd Resolved- That the Governor be and he is hereby directed to take immediate possession of the following Banks together with their entire assets.

Branch Bank of Kentucky at Bowling Green
Branch Bank of Kentucky at Glasgow
Branch Bank of Kentucky at Hopkinsville
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Branch of the Farmers Bank at Princeton
Peoples Bank at Bowling Green
Branch of Northern of Kentucky at Columbus
and all other banks that may come within our control by the advance of the Army or otherwise, except only the Southern Bank at Russellville and Branches, which are authorized to continue business under their present Charter until otherwise ordered — and hold the same subject to the further direction of this Council- and that the Governor is hereby requested to call upon GenlA. S. Johnson if necessary for military force sufficient to possess and and hold said property, subject to the further order of your Legislative Council, for the future adjustment of the rights of private loyal stockholders.

Mr Thompson moved a substitute for the second resolution which adopted- and then the resolutions as amended were adopted- The who were by leave subsequently withdrawn. and the substitute offered by Mr Thompson was misplaced so that it cannot now be copied on this Journal.

On Motion the Council then adjouned till 2 P. M.

Evening Session 2 P. M.

W. B. Machen President in the Chair

Mr Thompson asked and obtained special leave to introduce a bill "to prescribe the duties of the Commissioner to Richmond Virginia and New Orleans Louisiana" which was read a first time
Ordered That said bill be read a second time
On Motion the rules of the Council Constitutional provision and second and third readings of said bill were dispensed with.-
The then being upon the passage of the same and being put was decided in the affirmative- and so the bill passed-
Ordered That the be as reported.

Mr H. W. Bruce moved the following resolution- Towit
Resolved That a special committee of two be appointed to wait upon General Buckner, to ascertain whether certain funds belonging to theis State of Kentucky have not been paid and deposited in some of the Banks of this State by sheriffs and other collecting officers; and to ascertain whether the same cannot now be turned over to the Treasurer of the Provisional Government- and to report in writing to this Council.

Which was adopted
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Thereupon the President appointed Messrs H. W. Bruce and Bates said Committee

Mr H. W. Bruce moved the following resolution Towit-
Resolved That the Treasurer is hereby requested to see such clerks, sheriffs and other collecting Officers as he can conveniently, and ascertain what amount of money they have in their hands belonging to the State of Kentucky, and report the same in writing to the Council, as nearly as he can do so —
Which adopted-

And then the Council adjourned until tomorrow at 10 O'Clock A. M

Attest
Clerk

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