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Friday December 13^th 1861

The Council met. W. B. Machen President in the Chair.

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

Executive Office
Bowling Green Ky
December 11^th 1861

W. B. Machen President of the council of the State of Kentucky

I hereby enclose to the council a letter from the Governor of Tennessee- The Hon^l. Isham G. Harris- containing joint resolutions of the Legislature of said state of Tennessee

Very Respectfully
Your Obt Servt
George W. Johnson

The documents referred to read as follows viz

Executive Department

Nashville Tenn: Dec^r 1861

His Excellency The Governor of Kentucky
Bowling Green — Sir —

I have the honor to transmit

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herewith, a copy of Joint Resolutions adopted by the General Assembly of Tennessee

Very Respectfully
Isham G. Harris

Joint Resolutions
To take steps to open the Ports of the South to the Commerce of the World.

Resolved by the General Assembly of the State of Tennessee.
That as the sense of this Legislature, the following propositions are submitted for the Planters of the South and all others whom it may concern:

1. That the present Cotton crop of the Southern States is, to at least two of the leading powers of Europe, a National necessity.
2. That as under present circumstances, it seems improbable that the crop can be disposed of, the planting of another will place two crops on hand for sale at once.
3. That the purchase of these two crops by ^the^ European Power^s above referred to, will give them a supply for two years, so that at any time when about to purchase the third crop, and having one year's crop to run upon, and the planter being unable to hold his third crop until they are compelled to buy, they will have it in their power to dictate the price and terms of sale.
4. That on the other hand, the European Power^s before mentioned having exhausted their present- supply. and another crop not being raised, when those Powers come into the Market to buy, as they must and will, if we adopt this policy, the Planters holding the great staple, which is a necessity to them, they will not only be compelled to buy but also to pay a remunerative price.
5. The armies of the South cannot subsist on Cotton, but must have bread and meat, and while the interest of the Cotton. Planter calls to him to plant no more cotton than will supply the home consumption patriotism imperatively demands that his whole force should be turned into those channels, in which he can contribute to the wants and wastes of a war of which none can predict the end.
6. That the vital interests herein involved: may be submitted to the enlightened Judgment of the South, the Governor of this State is requested to forward forthwith a copy of these resolutions, to the President of the Confederate States who is herein requested to submit them to Congress and also the several Governors of the Confederate States who are herein requested to submit them
to

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to their respective Legislatures when convened.

Edwin A. Keeble
Speaker of the House of Representatives

Edward S. Cheatham
Speaker of the Senate

Adopted
November 30.^th 1861

The Committee to whom was referred the special message of the Governor recommending the passage of a law providing for the election of Deputies to the Provisional Congress reported as follows viz

The Committee to whom was referred the Governors message relative to the appointment of delegates to the Congress of the Confederate States of America and accompanying documents beg leave to report; That after due consideration they deem it advisable that the council should now elect ten Delegates to said Congress, one from each Congressional District as the State is now districted. That said election take place at such time as the council may fix by resolution

It is not deemed prudent or advisable, at this time to elect Senators, or provide by law for the election of Members of Congress under the permanent Constitution of the Confederate States of America. Your Committee report by bill to carry out the suggestions of the early part of this report and as to the residue- of the Message, we recommend no action at this time, but ask further time to report a bill for the election of senators and Representatives under the permanent Constitution of the Confederate States of America.

J. W. Crockett
H. W Bruce
Phil B, Thompson

Said Committee also reported the following bill Towit:
An act to provide for the election of Deputies to the Provisional Congress of the Confederate States of America.
1 Be it enacted by the Council of the Provisional Government of the State of Kentucky That said Council elect ten Deputies to represent the State of Kentucky in the Provisional Congress of the Confederate States of America. Said Deputies shall be bona fide Citizens of the State of Kentucky: One of whom shall be chosen from each of the federal Congressional Districts of the State as it was last districted, and shall be a resident for which he shall be chosen.
2 The time of the election shall be fixed by resolution of the Council.
said Bill was then read a first time.

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Ordered that said bill be read a second time
On motion the will of the Council, Constitutional provisions and second reading were dispensed

Mr Batesmoved the following amendment viz.

Strike out of the third line of section 1. the word "ten" and insert the word "Three". Strike out all in secton 1. after the word "Kentucky" in the seventh line.

Mr Thompson moved the following amendment. viz.
"To amend by striking out word "Ten" and insert word "Twelve"

Mr Thompson moved the previous question, and the vote being taken the previous question was sustained

The question then being upon striking out the word "ten" in the original bill and being taken thereon it was decided in the affirmative
Messrs H. W. Bruce and Crockett having demande the Yeas and nays said call resulted as follows:
Those who voted in the affirmative were Messrs President, Crockett, Bates, H W Bruce E M Bruce & Mooe. 6.
Those who voted in the negative were Messrs Thompson, Burnside, and Scott3.

The question was then upon inserting the word "three" in the blank in the bill, and being taken was decided in the negative —
Messr Crockett and H. W. Bruce having been demanded the yeas and nays and upon the call thereof resulted as follows:
Those voted in the affirmative were Messr President, Crockett Bates and H. W. Bruce 4
Those who voted in the negative were Messrs
Thompson, Burnside, Scott, Moore, and E. M. Bruce 5.

The question was then upon striking out all in Section 1^st after the word "Kentucky"- and being taken it was decided in the negative.

The question then being upon the amendment offered by Mr Thompson to fill the blank in the bill with the word "twelve" and being taken it was decided in the negative.
Messrs Crockett and H. W. Bruce having demanded the yeas and nays thereon and the call being it resulted as follows:
Those who voted in the affirmative were Messrs:
Thompson. E. M Bruce & More 3.
Those who voted in the negative were Messrs
President, Crockett Bates Burnside, H. W. Bruce and Scott 6.

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Mr Crockett moved the following amendment viz:
Amend by inserting that no member of this council shall be eligible to said office"
And the question being taken thereon it was decided in the negative

Mr Moore moved to reconsider the vote upon the question to strike out of the original bill the word "ten" and the voted being taken it was decided in the affirmative.

Mr Thompson moved to dispense with the rule of the Council Constitutional provision and third readings of the bill under consideration and the question being taken thereon it was decided in the negative —
The yeas and nays having been demanded thereon by Messrs Crockett and Burnside resulted as follows:
Those who voted in the affirmative were Messrs
President, H. W. Bruce, E. M. Bruce, Burnside, Scott Thompson and Moore 7.
Those who voted in the negative were Messr.
Crockett and Bates 2.

Mr Thompson asked leave of absence until Monday next which leave was refused.

On motion the Council adjourned until 3 O'Clock P. M.

Evening Session.

The Council met. W B. Machen President in the Chair.

The resolutions relative to the 1st Kentucky Regiment of volunteers and the pending substitute and amendments thereto being the Special Order for to day was called up —

Mr Thompson moved that the further consideration of the same be postponed until monday next at 10 O'Clock A M. which motion prevailed

Mr Crockett from a special Committee for that purpose reported a bill entitled "An Act for the benefit of M. M. Lyon late Sheriff of Lyon County Kentucky" which was read a first time.
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 was then on the passage of the bill and being taken it was decided in the affirmative —

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And so the bill passed
Ordered that the title be as reported.

The Chairman Of the Committee on Foreign Relationsreported as follows Viz:

The Committee on Foreign Relations report that since their last report Kentucky has been admitted into and become a part of the Confederate States of America. Both the Provisional and permanent Constitutions of Our Confederation declare that: "No State shall enter into any treaty alliance or confederation" the President of the Confederate States "by and with the advice and consent of the Senate having the power to make treaties. Hence a committee on Foreign Relations in this body has become unnescessary, and a Committee on Confederate Relations nescessary: and therefore the Committee recommend that this Committee be dispensed with, and in its stead one on Confederate Relations be appointed: for which purpose they report a resolution.

The Committee will now Call the Council's attention to another provision in our permanent Constitution, which did not exist in our former Federal system. The 3^rd Sub. Section of section 10 Article 1. provides that "When any river divides or flows through two or more States they may enter into compacts with each other to improve the navigation thereof." There are three such rivers dividing and flowing through Kentucky and other States — The Cumberland, Tennesssee and Big Sandy all of which are navigable and navigated. If we should desire to form compacts, with Virginia and Tennessee or either of them, Concerning the navigation of thes rivers a Committee on inter-State Relations would be highly proper, though the duties of such a committee might properly be discharged by the Committee on Confederate Relations

H. W. Bruce
J. W. Moore

Which reported was received and adopted—

Thereupon the same Committee moved the following resolution:
Resolved by the Council of the Provisional Government of the State of Kentucky That the Committee on Foreign Relations is hereby dispensed with, and the President of this Council is directed to appoint a committee on Confederate Relations —
which was adopted

Whereupon the President constituted the Committee on Confederate Relations as follows— Messrs H. W. Bruce Chairman J. W. Moore and J. S. Chrisman
And on motion the President W. B. Machen was added to said Committee

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Mr Moore Moved to refer the special message of the Governor in reference to certain resolutions passed by the Legislature of the State of Tennessee to the Committee on Confederate Relations which motion prevailed

Mr Crockett moved that the vote by which the Council refused to dispense with the rule constitutional provision and third reading of the bill Entitled "an act to provide for the election of Deputies to the Confederate Congress" and the vote being taken on said motion it was decided in the affirmative

Mr Crockett then offered the following as a substitute for the Original bill viz
1 Be it enacted by the Council of the Provisional Government of the State of Kentucky. That said Council elect three deputies to represent the State of Kentucky in the Provisional Congress of the Confederate States of America. Said Deputies shall be selected one from that portion of the State East of the Kentucky River, another from that portion of the State between the Kentucky and Green Rivers, and the third from that portion South of Green River.
Sec. 2. The time of the election shall be fixed by resolution of the Council.
The question being put upon the adoption of said substitute it was decided in the negative —
Messrs Crockett and Burnside having demanded the yeas and nays thereon, and being called resulted as follows. viz —
Those who voted in the affirmative were Messrs
President, Crockett, Bates, and H. W. Bruce 4.
Those who voted in the negative were Messrs
Thompson, Moore, Burnside, E. M. Bruce and Scott 5.

Mr Crockett then moved that the whole subject be postponed until the 22^nd day of February next— and the question being taken thereon it was decided in the negative.

Mr Thompson moved to postpone the further Consideration of the bill until 10 ¹/2 O'Clock on tomorrow and that the same be made the Special order of the day for that hour.
Which motion prevailed

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

Attest
A. Frank Brown Clerk

For Governors message presented to day see Page 71