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 November 11, 2025 Kentucky Department for Libraries and Archives Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Messages to the General Assembly, 1859-1861 KYR-0001-016-0001 MG2-18 to MG2-19

1861-10-02 Journal English Version 1 of page "4": Changes to page transcript. Version 0 of page "4": Empty transcript -- probably initial upload of page facsimile. Version 0 of page "3": Empty transcript -- probably initial upload of page facsimile. Version 1 of page "2": Changes to page transcript. Version 0 of page "2": Empty transcript -- probably initial upload of page facsimile. Version 1 of page "1": Changes to page transcript. Version 0 of page "1": Empty transcript -- probably initial upload of page facsimile.
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I have signed the BillAct of the Legislature "To prohibit & prevent rebellion" &c" with great reluctance and many doubts as to its Constitutionality, and only after receiving the following opinion from the Atto General -- To-wit (here insert it) although the policy of this bill seems to be cruel & barbarous, inflicting such punishment for an honest difference of political opinions, it will be preferable for offenders to be tried under the laws of the state, and by a Jury of the view as composed of thiseir neighbors, than toby the laws of the government under a charge of treason. The laws reorganizing the Military Board and authorizing the borrowing of vast sums of money" received my signature with great hesitation, because of the dangerous powers

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2 confered upon the Board without responsibility & without requiring security for the faithful disbursement of the money ^and performance of of duty^ The state will become bankrupt and demoralized by such a policy and ^The Legislature fresh from the people and overwhelmingly differed with me^ could I have arrested it by a veto, notwithstanding the opinion of the Atto General, which is as follows to wit (here insert it) ^(marked No 2)^ -- I would have with held my sanction to the bill.

B. Magoffin --

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Reasons -- Stated for signing certain Acts of Genl Assembly Entered in Ex= Journal Octo 2d 1861

Jas W Tate Asst. Secy