<title type="main">Provisional Government of the State of Kentucky, Journal

Wednesday December 4th 1861.

The Council Met pursuant to adjournment W. B. Machen President in the chair.

Mr H. W. Bruce from the select committee appointed to confer with General Buckner moved the following resolution. Towit: Resolved That the Treasurer of this State is hereby directed to call on General S. B. Buckner and request him to transfer the money under his control belonging to the State of Kentucky to the Treasury of this StateWhich was adopted

George B. Hodge member of this Council from the tenth Congressional District appeared and the oath office required by law was administered to him by the President in open Council.

Mr H. W. Bruce Chairman of the Committee on Foreign Relations reported as follows. Towit: The Committee on foForeign Relations present the following report:

In consequence of our once happy federal system Kentucky as a State has never had any international connections with foreign governments. Her relations towards the States with which she has, until recently, since her existence as a State, been associated in the late federal Union, are peculiar, complicated and embarrassing. The only legal bond by which she was connected with those States was the Constitution of theUnited States. The seceded or Confederate States have thrown off the obligations of that instrument -- it having been practically repealed by the Northern States on the 6th day of November 1860. The non-slaveholding States acknowledge no longer the obligations of the Constitution of the United States -- the authorities controlling those States, and the Government at Washington City, having as they.

43 say suspended that instrument that instrument- That Constitution being no longer obligatory upon the States, each State is left to determine its own destiny or federate assocation. All the slave holding States, save Delaware Marylandand Kentucky have united themselves together under a Constitutional republican government Known as the Confederate States of America. The non-slave-holding States are no longer United by a written bond or Constitution, but are held together by a partial devotion and subjection to a tyrranous Military despotism, inaugurated for the prosecution of a devastating, desolating and subjugating war against the slave holding States.

Delaware and maryland have been partially subjugated and are now held as conquered provinces. The Grecian horse has been insidiously introduced into Kentucky to subjugate her to the same abject condition. But a large Majority of the people of Kentucky are opposed to being thus enslaved, and have determined to resist so far as they can, the effort at their enslavement, and the Government of Confederate States, has by acts its Congress, undertaken to afford them aid in ddefending their liberties, and maintaining that vital principle of all true republics, the right of self-government by the Consent of the governed

The federal compact being repealed or abolished by the Northern States, and the Southern seceded States having formed another for their government, Delaware and Maryland having been subjugated and robbed of their independence, Kentucky stands isolated in her independence as a sovereign State, without any federal connections free to remain so or to become party to such compact as a free people may choose.

It is however, contended and believed by many, that the Constitutional government of the United States exists still and that Kentucky remains a part of and party to that government, and that her citizens owe still allegiance thereto. It is contended that the State is a creature of that government, and owes it implicit and unconditional obedience, and that the people of the State are not the arbiters of their political destiny, but are subject in fact to the control of a majority of the people of the nonslaveholding States. Such has never been acknowledged as the true theory of the federal government. Kentucky has repudiated this theory. One of her earliest acts as a government, was to declare by legislative resolve in 1798, when she was but six years old as a State, "That the several States composing the United States of America, are not united upon the principle of unlimited submission to their general government; but that by

44 compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes, delegated to that Government certain definite powers, reserving each State to itself, the residuary Mass of right to their own self-government, and, that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void and of no offorce; that to this compact each State acceded as a State and is an integral party; that this government created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to its-self; since that would have made its discretion, and not the Constitution the Measure of its powers; but, that as in all other cases of compact among parties having no common Judge, each party has an equal right to Judge for itself, as well of infractions as of the Mode and measures of redress" This resolution passed in the affirmative with but one dissenting vote in the House of Representatives, was unanimously concurred in by theSenate, was approved by the Governor, Jas. Garrard, and is now the unrepealed and unamended law so to say of this State. The same enactment declares further. "That it (the Legislature) does also believe, that to take from the States all the powers of self-government, and transfer them to a general and consolidated government, without without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace happinesss or prosperity of these states; and that therefore this Commonwealth is determined, as it doubts not its Co-states are, to submit to undelegated and consequently unlimited powers in no man or body of men on earth." Nor can we now submit to such powers in any "man or body of men", without repealing that law, or suffering its violation, and, and what is worse than both, without showing ourselves degenerate, debased and unworthy our fathers of 1798. Kentucky again repudiated the doctrine of unlimited and consolidated power, by assuming the legal attitude of a netural between the two belligerents in the beginning of the present war thereby affirming in effect the principles of these famous resolutions.

Kentucky being now an independent sovereign state without foreign alliance or federal relations, the propriety of forming and establishing such alliances and relations presents itself naturally and forcibly to our minds. It is the will of the people of Kentucky as expressed by themselves and their delegates in the Constitution by which they formed this Provisional Government, that the Council and Governor should take the necessary steps in

45 conjunction with Commissioner appointed by the Convention or otherwise, to make Kentucky a part of the federal compact constituting the Government of the Confederate States of America. Her geographica position, contiguousness to that the only constitutional federation in North America, her productions and domestic institutions, the associations sympathies and interests of her people, as well as the subject condition to Military despotism of the States with which she has been confederated, demand the same at our hands. The Constitution empowers the Governor "by and with the advice and consent of the Council to conclude a treaty with the Confederate States of America, by which the State of Kentucky may be admitted as one of said Confederate States, upon an equal footing in all respects with the other States of said Confederacy- It also provides for the appointment of three Commissioners -- who have been appointed to the Government of the Confederate States, to negotiate and treat with that government for the earliest practicable admission of Kentucky into the Confederacy, any one of the Commissioners attending being empowered to act. They are required to report the result of their Mission to the Governmentor and Council for such future action as may be deemed advisable. In the present condition of our State and the Confederate States that government may not now deem it proper to admit Kentucky as a party in all respects to her Confederate Compact; but they may be, as they no doubt are, willing to form with us a treaty of alliance offensial and defensial, in furtherance of their two several acts of Congress concerning Kentucky already adopted. In this event it would be expedient that our Commissioners should be empowered to conclude ^such^ a treaty on terms the most favorable to the State of Kentucky. And the only questions which occurs to the Committee, in this connection, is should they now be thus empowered, or should such power be with-held, until they shall have reported an inability to conclude such a treaty as they are empowered to make! That there may be no delay should it become nescessary, the committee recommends that they be now so empowered, and report a bill for that purpose. Under the 6th Section of the Constitution the Council have full authority to delegate that power. The Committee are of opinion that relations of alliance or commerce are not at present practicable and desirable with any other foreign power, than that of the Confederate States, with whom they are most desirable, and entirely practicable. An alliance would ordinarily be desirable, with most of the States now constituting the Government of the United States. But those States are now prosecuting a cruel

46 unjust an unprovoked, if not barbarous war against us: and hence any alliance or commerce with them at this time is neither practicable nor desirable. The committee are satisfied that the people of Kentucky, because of their life-long habits of trade and public polity, would prefer to commit the conduct of their foreign relations to the government of a confederation of American States to which Kentucky should be a party. The Committee recommend therefore that this government enter at present into alliances with no other government than that of the Confederate States. Should an alliance only be formed with the Confederate States, other duties may be devolved upon this Committee which cannot now be anticipated

H. W. Bruce Chairman

On Motion said report was unanimously adopted.

H. W. Bruce from the Committee on Foreign Relations reported a bill entitled "An act to enlarge the powers of the commissioners to the Government of the Confederate States of America" which was read a first time Ordered That said bill be read a second time. On Motion the rules of the Council, Constitutional provisions and second and third readings of the bill were dispensed with. The question was there upon the passage of the bill, and being put was decided in the affirmative -- And so the bill passed Ordered that the title be as reported.

GeorgeB.Hodge member of this Council from the 10th Congressional district, tendered his resignation, in writing which was accepted --

Mr Bates moved that the council do now proceed to election of a person to fill said vancy -- Which motion prevailed whereupon on Motion of Mr Bates, said vacancy was filled by the appointment of S. S. Scott of Boone County.

The Official bond of T. L. Burnettas Treasurer of the Provisional Government of this State was presented, and having been approved by the Governor, on Motion said approvall was confirmed, and said bond ordered to be filed in the office of the Secretary of State.

Mr Burnside from the committee on enrollments reported that they had examined enrolled bills of the following titles. Viz An act regulating Currency. An act to authorize the Governor to call out volunteers. An act concerning brokers An act fixing the salaries of certain officers. An act to license billiard or Jennylind tables. and bowling saloons. An act to enlarge the powers of the Commissioners to the Government of the Confederate States of America.

And had found them truly enrolledThereupon the president affixed his signature thereto.

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

Attest

A. Frank Brown Clerk