Provisional Government of the State of Kentucky, Journal

KYR-0004-033-0025.xml

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Accession Number

KYR-0004-033-0025

Document Genre

Journal

Repository

Filson Historical Society

Collection

Kentucky Confederate Provisional Government Journal

Item Location

p. 70-77

Place of Creation

Bowling Green, Warren County, Kentucky

Date of Creation

14 December 1861

Dates Mentioned

1861-12-14

1862-01-01

1861-12-11

1861-12-13

1862-12-12

1861-12-21

1861-12-12

Provisional Government of the State of Kentucky, Journal, 14 December 1861, Kentucky Confederate Provisional Government Journal, p. 70-77, Filson Historical Society, Louisville, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0004-033-0025, (accessed April 30, 2024).

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Saturday December 14^th 1861
The Council met. W. B. Machen President in the chair.

Member of the Council from the 4th Congressional District appeared and having taken the oath prescribed by law, took his seat as a member of the Council

A message from the Governor by R. McKee Secretary of State:
Mr President: I am directed by the Governor to lay before this Council a special messsage in writing:

Executive Office
Bowling Green Ky
December 14^th 1861
Gentlemen of the Council of the State of Kentucky:

In the execution of the law, adopted by Council in regard to the appointment of "two or more Commissioner^s" to settle with Sheriffs and all other Collecting Officers of the State, I discover, that it will not be proper for one or two men to discharge the duties of such Commissioners, prior to the 1^st of January next This is the time appointed by law for the payment of taxes to the Treasurer at Frankfort. It is our clearest duty to protect the People, as far as we have power, from having their money torn from them by their own Officers, and transferred, to the possession of the enemy, for their subjugation, and it is surprising that our sheriffs should in any case be so disposed to act. But I am satisfied that it does not result from disaffection to our State Government, or to the Confederate States of which Kentucky is now indissolubly a part; but from a fear of Compromising their sureties if they pay to us, without a demand by our government. Although these fears are groundless, and unmanly, still I to some extent respect the motives in which they originate, and am disposed to make such demand at once. I am therefore disposed to consider the appointment of a Comissioner for every two or three counties the best and most speedy mode of Executing this Law. I hereby nominate as Comissioners under the act referred to "Entitled an act providing for the appointment of two or more Commissioners to visit Counties in reference to Sheriffs Judges and Other Officers" Approved December 11^th 1861 The following persons Towit: William B. Martin of Warren-- W. R. Cunningham of Bourbon -- Wm Messick of Montgomery W. B. Clark of Simpson-- B. F. Allison of Todd -- & L. M. Lowe of Hopkins --

Very Respectfully
Your Obt Serv^t
George W. Johnson
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On motion all of said nominations were confirmed

The following is the special massage of the Governor by R. M^cKee Secretary of State presented on December 13.^th 1862 and referred to the Committee on Foreign Relations -- Said message was in the hands of said Committee and had been so mislaid that it could not be entered in the proceedings of the 13^th -- Towit:

Executive Office
Bowling Green Ky.
Dec. 12. 1861
Gentlemen of the Council of the State of Kentucky

In the communication which I had the honor to address to the Council on yesterday, it was in part my intention to elicit from you, an expression of opinion, as to the Constitutional mode of appointing our Deputies, to the Provisional Congress, and also as to the proper mode under our Constitution, of electing Senators and Representatives to the Congress of the Confederate States of America, under their permanent Constitution. If this opinion had been elicited, I intended to conform to that opinion, without any expression of my own, or argument.

I now take the liberty, to direct the attention of the Council to the fifteenth Section of our Constitution, which is in these words. "That whenever the Governor and Council shall have Concluded a treaty with the Confederate States of America for the admission 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." Under this Clause, it was my opinion, that the Convention intended the Council to elect and the Governor to confirm, the election of Senators; insted of following the general mode adopted as to other appointments by the Governor and confirmation by the Council this opinion still remains unchanged; both because such was my opinion as a member of the Convention which framed our Constitution, and because the usual phraseology, is departed from, if the intention existed to give to the Governor the power of appointment, and to the Council the right of confirmation But whilst such is and was my opinion, a doubt might well exist on the minds of others, and it was my wish on yesterday to have the opinion of the Council, without an expression of my own

In regard to Representatives, the intention of the constitution, is more clear, The Constitution says, that the "Governor and Council" shall provide by law for the election of members of the House of Representatives in the Congresss of the Confederate States of America." It is perfectly clear, that if the admission of Kentucky into the
< [72] >
Confederacy, occurred at a time, when an election -- free and unbiassed by the armies of the enemy -- cwould take place; to have such election by the people. But it also was intended by the Convention, that "Governor and Council" should have power to deal with all such difficulties, and "provde by law" -- suited to the emergency-- for the representation of the State during the War in the House of Representatives. It was my intention on yesterday to call the attention of the Council to the duty devolved on us by the Constitution, to pass a law to secure a representation of the State, in the House of Representatives of the Congress of the Confederate States of America.

The Constitution is silent as to the appointment of Deputies of the State to the Provisional Congress of the Confederate States; and it might be inferred from such silence, that the usual mode of appointment by the Governor and confirmation by the Council was intended in this case. Such unquestionably would be the proper construction of the Constitution, if its provisions in regard to the election "of Senators and Representatives, did not create a doubt as to the proper mode of "appointing" Deputies to the Provisional Congress. Analogy leads me to infer, that the mode of "appointing Deputies" should conform to that of "Electing Senators and Representatives" by the Council and confirmation by the Governor.

If the Council concurs with me in this opinion, and will express such concurrence, I will consider it the duty of the Council, under the Constitution to elect Deputies and Senators: and of the Governor to confirm Such appointment. If the Council on the Contrary think it My duty to nominate, I am ready to do so, to the best of my ability. In regard to Representatives it is clearly the duty of the Provisional Government of Kentucky, "to provide by law for their election" in the best manner now possible

Very Respectfully
Your Ob^t Serv^t
George W. Johnson

Mr Moore asked and obtained the unanimous consent of the Council to introduce a bill to require all officers of this State to take the oath to support the Constitution of the Confederate States of America -- which leave was referred to the Committee on Confederate Relations--

The Chairman of the Committee on enrollments reported that they had examined an enrolled bill entitled "an act for the benefit of M. M. Lyon of Lyon County" and that they had found the same truly enrolled-- and thereupon the President affixed his signature thereto
< 73 >

The Council then took up the bill providing for the election of Deputies to the Provisional Congress of the Confederate States of America -- the hour having arrived for which it had been made the special order.

Mr Bates moved to postpone the further consideration of the bill until the 21^st Inst: and the question being taken thereon it was decided in the negative.

The question was then on ordering said bill to its third reading and being taken it was decided in the affirmative.

Mr Moore moved to dispense with the third reading of said bill and pending said motion it was withdraw

Mr Bates moved the said bill now have its third reading by its title, which motion prevailed-- and then said bill was read a third time by its title

The question was then upon the passage of the bill, and being taken was decided in the affirmative

Messrs Bates and Crockett having demanded the yeas and nays and the call being made resulted as follows. Viz:
Those who voted in the affirmative were Messrs
President, Thompson, Burnside, H. W. Bruce, E. M. Bruce Moore & Scott 7.
Those who voted in the negative were Messrs
Crockett, Bates and Chrisman 3.
And so the bill passed
Ordered that the title be as reported.

Mr Crockett asked and obtained leave of absence for the President (Mr Machen) for One Week from this day

Mr Crockett moved that the Council do now proceed to the election protem of a President-- which motion prevailed.

Mr Thompson nominated J. W. Crockett and there being no other nomination Mr Crockett was declared elected President pro.tem.

And then the Council adjourned until 2 ¹/₂ O'Clock P. M.

Attest
A. Frank Brown Clerk
< 74 >

Evening Session

The Council re-assembled W. B. Machen President in the Chair.

The Chairman of the Committee on enrollments reported that they had examined an enrolled bill entitled "An act to provide for the electon of Deputies to the Provisional Congress of the Confederate States of America. and that they had found the same truly enrolled-- and thereupon the President affixed his signature thereto.

A message from the Governor by R. M^cKee secretary of State announcing his approval of the following bills. Towit:
An act for the benefit of M. M. Lyon of Lyon county.
An act for the election of Deputies to the Provisional Congress of the Confederate States of America.

A special message in writing from the Governor by R. M^cKee Secretary of State: --

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

Executive Office
Bowling Green
Dec. 12. 1861
Gentlemen of the Council of the State of Kentucky

I herewith return to you a Bill, entitled an "Act to enlarge the powers of the Commissioners to the Government of the Confederate States of America" without my approval; as no necessity now exists for such increase of the powers of the Commissioners -- the state having been admitted already, into the Confederacy

Very Respectfully
Your Obt Serv^t
George W. Johnson

The Bill referred to in the foregoing message reads as follows viz:
"An act to enlarge the powers of the Commissioners to the Government of the Confederate States of America.
1. Be it enacted by the Council of the Provisional Government of the State of Kentucky. That the powers of the Commissioners of this Government to the Government of the confederate States of America, are hereby so inlarged, that said commissioners or any one or two of them who may attend and act are hereby empowered to conclude a treaty of alliance offensive and defensive with said Government of the Confederate States of America on terms the most favorable to be obtained, to the State of Kentucky including conditions for
< 75 >
free and unrestrained commerce and trade between the two Governments-- Provided however that they or he shall not conclude such a treaty, nor negotiate therefor until they or he shall become thoroughly convinced that a treaty cannot be concluded with that Government for the immediate admisssion of Kentucky into said Confederacy.
2. Any such treaty of alliance shall not be operative until it shall have been approved by this Council and the Governor
3. This act shall take effect from its passage

W B Machen
Pres^t of the Council

Mr Crockett in the Chair.

Mr H. W. Bruce moved the following resolution Towit:
Resolved That this council do now proceed to the election of Deputies to the Provisional Congress of the Confederate States of America, as prescribed by an act passed by this council, and that each Councilman shall be required to nominate a person from his district for said Office.

Mr Scott moved to amend said resolution by adding: Provided that the member of the Council from the 10^th Congressional District shall be allowed further time to make said nomination

The question being taken on the adoption of said amendment, it decided in the negative --

Messrs Bates and Chrisman having demanded the yeas and nays thereon and being called resulted as follows:
Those who voted in the affirmative were Messrs
Thompson, H. W. Bruce, E. M. Bruce, Moore and Scott 5.
Those who voted in the negative were Messrs
Machen, Crockett, Bates, Chrisman and Burnside 5.

Mr Moore moved to postpone the further consideration of the resolution offered by Mr H. W. Bruce until 10 ¹/₂ O'Clock on monday next and the question being put thereon it was decided in the negative

The question was then upon the adoption of the original resolution and being put it was decided in the affirmative.

The Council then proceeded to the election of one Deputy from each congressional District, to represent said Districts respectively in the Provisional Congress of the Confederate States of America for the State of Kentucky-- which election resulted as follows. Towit:
< [...] >
Mr Machen from the first Congressional District nominated Hon^l. H. C Burnett-- and there being no other nominations-- the question was then taken thereon, and decided in the affirmative -- whereupon the President announced that the Hon^l. H. C. Burnett was unanimously elected.

Mr Crockett from the second Congressional District put in nomination John D. Morris.
And before the question was put thereon Mr Crockett withdrew the name of John D. Morris.

Mr Crockett then put in nomination John Thomas of Christian County.
There being no further nomination, and the vote being taken it was announced by the President that John Thomas was unanimously elected --

Mr Bates of the Third Congressional District nominated George W. Ewing of Logan County.
There being no other nomination, and the vote being taken -- it was announced ~~the~~by the President that Mr Ewing was unanimously elected.

Mr Chrisman of the Fourth Congressional District nominated D. P. White of Green County
There being no other nomination, and the vote being taken it was announced by the President that D. P. White was unanimously elected.

Mr Thompson of the Fifth Congressional District nominated T. L. Burnett of Spencer County.
There being no other nomination and the vote being taken it was announced by the President that T. L. Burnett was unanimously elected

Mr Burnside of the Sixth Congressional District nominated Gabriel Salter of Garrard County
Mr Chrisman nominated John Dishman of Knox County
Mr Chrisman withdrew the name of Mr Dishman
Mr Bates nominated John M. Elliott of Floyd County
Mr Burnside re-nominated John Dishman of Knox County, having first withdrawn the nomination of Mr Salter.
The vote was then taken on the nominations of Messrs Elliott and Dishman, whereupon it was announced by the President that John M Elliott was elected--
On motion the election of Mr Elliott was declared unanimous
< 77 >
Mr H. W. Bruce of the Seventh Congressional District nominated Rev^d S. H. Ford --
There being no other nomination for said district and the vote being taken it was announced by the President that S. H. Ford of Jefferson County was unanimously elected

Mr E. M. Bruce of the Eigth Congressional District nominated Thomas B. Monroe of Franklin County.
There being no other nomination and the vote being taken, it was announced by the President that Mr Monroe was unanimously elected.

Mr Moore of the Ninth Congressional District nominated Gen^l. Thomas Johnson of Montgomery County.
There being no other nominations for said District-- and the vote being taken it was announced by the President that Gen^l. Johnson was unanimously elected.

Mr Scott of the Tenth Congressional District nominated George B. Hodge of Kenton County
Mr Bates nominated H. C. Harris of Kenton County.
The vote then was taken and it was announced by the President that Mr Hodge was elected.

Mr Moore moved that a Committee of two be appointed by the President to notify the Deputies of their election--
Which motion prevailed
Thereupon the President appointed on said Committee Messrs Moore and Bates

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

Attest
A. Frank Brown Clerk

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