Correspondence

Daniel Mooar to Beriah Magoffin

1861-08-21

Date of Creation
August 21, 1861
Place of Creation
Covington, Kenton County, Kentucky
Document Genre
Correspondence
Repository
Kentucky Department for Libraries and Archives
Collection
Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862
Box / Folder
MG21-222 to MG21-223
CWGK Accession Number
KYR-0001-020-1322
Rights
This image and its transcription are freely available to the public. Images appear courtesy of Kentucky Department for Libraries and Archives. Transcriptions and annotations were created by Kentucky Historical Society staff, volunteers, and interns. When referencing this document, please use our preferred citation.; The use of transcriptions, images, or annotations from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce any material on CWGK is required.
FTP Identifier
32209730

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Dates
1861-08-21
1860-08
1860-12
1861-08-23
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Citation

Daniel Mooar to Beriah Magoffin, 1861-08-21, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, Kentucky Department for Libraries and Archives. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, https://discovery.civilwargovernors.org/document/KYR-0001-020-1322 (November 13, 2026).

[Page 1]

Covington Ky. Aug. 21. 1861
Hon. B. Magoffin
Gov.. Kentucky
Dear Sir

The constitution of Kentucky (Art. 2. Sec. 5.) provides, "That the general assembly shall divide each County into convenient election precincts, or, may delegate power to do so to such Countyauthorities as may be designated by law".

Under this power the legislature appointed County Commissioners to lay this County off into districts, which they did, dividing the City of Covington into two. Subsequently the legislature passed an act authorizing the City Council to establish two additional precincts, which they did, by dividing each, of the two established by the Commissioners. This power could not in my judgment, under the Constitution, be delegated to the City Council. But be that as it may, at the Aug. election 1860,I beingentitledtoavote, went and ^voted^ in my district as laid off by the Commissioners. But it

[Page 2]

turned out that my residence was within the boundaries of one of the new districts established by the City Council. Some sixty or seventy others made the same mistake and we were all indicted; and the Court ruling that the power was properly deligated to the City Council to make new districts, I confessed judgment for the penalty, ($50.) and thus the matter stands.

Under the circumstances I think that I am entitled to executiveclemency, and ask that the fine be remitted. I mentioned the matter to you last winter, while attending the Court of appeals, and you requested me to make a statement in writing and send you, which I promised to do, but have neglected it until now —

Yours Truly
D. Mooar

P. S. The judgment was rendered at the Dec. Term of the Kenton Circuit Court 1860.

[Page 3]
[Page 4]

Kenton Cir Ct
$50. } Illegal voting
D. Mooar
IssdAug 23d 1861

Remitted
B. M