Provisional Government of the State of Kentucky, Journal

KYR-0004-033-0031.xml

Accession Number

KYR-0004-033-0031

Document Genre

Journal

Repository

Filson Historical Society

Collection

Kentucky Confederate Provisional Government Journal

Item Location

p. 95-99

Place of Creation

Bowling Green, Warren County, Kentucky

Date of Creation

21 December 1861

Dates Mentioned

1861-12-21

1861-12

1862-01-01

< 95 >
Saturday December 21^st 1861

The Council met. Mr Crockett President Pro.tem in the chair.

The special committee to whom was referred the bill entitled "an act to amend an act regulating Banks approved Dec. [ ] 1861" reported that the committee were unable to agree, and asked that they be discharged therefrom — which was granted.

The Chairman of the Committee on Banks reported a bill entitled "An act to amend an act entitled an act regulating Banks approved December [ ] 1861" which was read a first time as follows Towit.

Be it enacted by the Council of the Provisional Government of the State of Kentucky That the Bank Commissioner be and he is hereby authorized and directed to administer the following oath to the directors, President, cashier, Teller, clerks, messengers and other Officers or employees of every Bank in Kentucky and also to any agent said Commissioner may appoint including the Southern Bank of Kentucky and Branches. Towit- " I [ ]
< [96] >
[ ] do solemnly swear that I will support the Constitution of the Confederate States of America, and the Provisional Government of the State of Kentucky and that I will faithfully discharge the duties of the Office of [ ] to the best of my skill and ability- so help me God."
Sec. 2. Be it further enacted that if any Director, President, Cashier Teller, Clerk, or other Officer or agent shall refuse to take the oath prescribed in Sec. 1.^st of this act, then such officer shall be removed by the Commissioner and the said Commissioner shall appoint a person to fill the office so vacated who will take the required oath.
Sec. 3. Be it further enacted that the Commissioner shall inform this Council of all removals and appointments as provided for in Section 2. immediately on their accurrence for confirmation or rejection in the mean time, such appointee shall exercise all authority vested in him by his appointments as completely as though his appointment had been confirmed
Sec. 4. Be it further enacted that the Commissioner shall take a bond with security to be approved by the Governor for the sum of [ ] Dollars from any Cashier or agent who is now in Office or may hereafter be appointed conditioned upon the faithful discharge of the duties of such office.
Sec 5^th Be it further enacted that in the case the Officers of the Southern Bank and Branches refuse to take the oath prescribed by this act, then all exceptions in favor of and in regard to the said Southern Bank as provided in the original act entitled an act regulating Banks approved December [ ] 1861 are hereby removed and the said Bank, Branches, and officers are hereby made as completely subject to the said act as if they had been included in the Original act, and the Bank Commissioner is hereby directed to treat the said Southern Bank, Branches, and Officers in the same manner as any other Bank in Kentucky in every particular as though no exception had been made in the original act.

On motion the rules of the Council Constitutional provision and second reading of the bill were dispensed with.

Moved that the rule of the council and Constitutional provision ~~and~~ be dispensed with and that said bill be now ordered to its third reading-
The question being taken thereon it was decided in the negative Messrs Bates and E. M. Bruce having demanded the ayes and noes and being called resulted as follows: Those who voted the affirmative were Messrs E. M. Bruce — 1 —
Those who voted in the negative were Messrs
President Pro.tem. (Crockett) Bates, Chrisman, Burnside H W Bruce and Scott 6.
< [97] >

Mr Scott moved the following resolution Towit:
Resolved That the Governor be and he is hereby requested to enclose immediately a copy of the resolution providing for a committee to confer with the authorities of Tennessee and other parties in regard to the reorganization of the Louisville and Nashville Rail Road Company- to the Governor of Tennessee, County Commissioners of every County in Tennessee and Kentucky through which the said Rail Road and Branches run or that may hold stock in said Rail Road and every Director who was elected at the last election for Directors in said Rail Road — and that the Clerk notify each party to whom a copy of the resolution may be sent who compose the Committee.
The vote being taken upon the adoption of said resolution it decided in the negative.

Mr Burnside moved that a standing Committee on claims be raised — which motion prevailed —
Whereupon the President constituted said Committee as follows Towit: Messrs Chrisman- Chairman- Burnside and Scott.

The consideration of the message of the Governor in relation to the report of the Commissioners appointed to negotiate a loan from the Southern Bank of Kentucky at Russellville was taken up —
Mr Burnside in the chair.

Mr Crockett moved the following resolution Towit:
Resolved That in the opinion of this Council, it is inexpedient for this Council to ratify the loan of Five Thousand Dollars Obtained from the Southern Bank of Kentucky on the paper of B. Musselman and T. L. Burnett and George W. Johnson thereby making the Same a government debt, and no legislation is necessary on the subject.

Mr E. M. Bruce moved to amend said resolution by striking out the word "ratify" in the third line and insert "accept" and the question being taken on said motion it was decided in the negative.

The question was then taken on the adoption of the resolution and it was decided in the affirmative —

And then the Council adjourned until 2 O'Clock P M.
< [98] >

Evening Session

The Council re-assembled. Mr Crockett President Pro tem in the Chair.

On motion
Ordered that the Auditor draw his warrant on the Treasurer for the sum of Twenty Five Dollars in favor of Mr J. A. Hooe sergeant at Arms. Pro.tem to be by him used to defray the incidental expenses of the council and to be audited in his settlement

The Committee on Enrollments reported that they had examined the following enrolled bills Viz:
An act to amend an act entitled an act to regulate Currency
An act to amend an act entitled an act Concerning brokers.
And that they had found the same truly enrolled.
Whereupon the President Pro.tem affixed his signature thereto.

My E. M. Bruce moved to reconsider the vote by which the bill entitled "an act to raise and arm fifty regiments of volunteer Infantry and Cavalry "was referred to a select committee with instructions to report on Monday next at 11 O'Clock A. M.
The question being taken on said motion it was decided in the affirmative —

Mr Bates moved to refer said bill to a select committee of two with instructions to report this evening at 7 O'Clock P. M.
Which motion prevailed —
Whereupon the President Protem. appointed Messrs Chrisman and E. M. Bruce
On motion of Mr Burnside, Mr Crockett was added to said Committee

Then the Council adjourned until 7 O'Clock P. M.

Night Session

The Council re-assembled at 7 O'Clock P. M.
Mr Crockett President Protem in the chair

Mr E. M. Bruce had the unanimous consent of the Council to introduce a bill entitled "an act to amend the title of an act for the benefit of Common Schools and for other purposes"
Said leave was referred to a special committee composed of Mess E. M. Bruce and H. W. Bruce
Said Committee then reported said bill which was read a first time.
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On motion the rule of the Council, Constitutional provision and second and third readings were dispensed with-
The question was then on the passage of the bill, and being taken it was decided in the affirmative.
And so the bill passed.
Ordered that the title thereof be as reported.

The select Committee to whom was referred a bill entitled "an act to raise and arm fifty regiments of Volunteer infantry and Cavalry" reported the same with the following title "An act to raise and arm thirty Regiments of volunteer infantry and Cavalry."
Said bill was taken up and read and acted upon by sections and was variously amended and as amended was concurred in by the Council —
Ordered that said bill be read a second time —
On motion the rule of the Council Constitutional provision and second and third readings were dispensed with.
The question then being on the passage of the bill as amended and being put it was decided in the affirmative.
And so the bill as amended passed.
Ordered that the title thereof be as reported.

The Committee on Enrollments reported that they had examined an enrolled bill of the following title viz.
An act to change the title of an act entitled and act for the benefit of Common Schools and for other purposes"
And that they had found the same truly enrolled, whereupon the President Pro.tem affixed his signature thereto.

Mr McKee Secretary of State announced that the Governor had approved and signed the following bills. Towit.
An act to regulate Banks and Currency
An act to amend an act entitled an act regulating Currency
An act to amend an act entitled an act concerning brokers
An act for the benefit of Common Schools and for other purposes.
An act to change the title of an act entitled an act for the benefit of Common Schools and for other purposes.

Mr Chrisman was granted leave of absence indefinitely
E. M. Bruce was granted leave of absence until the 1^st of January next

Mr E. M. Bruce moved that the Council take a recess till the 1^st of January next which was rejected.

And then the Council adjourned to meet on Monday next at 10 O'Clock A. M.

Attest
A. Frank Brown Clerk

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