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

87 Thursday December 19.th 1861

The Councilmet. J. W. Crockett President Pro. tem in the chair

Mr H. W. Bruce chairman of the Committee on Confederate Relations reported a bill entitled "An act to amend an act entitled an act concerning brokers" 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 and second readings were dispensed with. Mr Moore offered and read the following as a substitute for the original Bill Viz: "An act to protect the Currency'

1. Sec. Be it enacted by the Council of the Provisional Government of the State of Kentucky, that all persons are hereby prohibited from selling or vending gold or silver coin at a higher rate of premium than ten percentum, nor shall such person or persons buy the Bank notes of any solvent and legally chartered bank of any of the Confederate States at a greater discount than ten percentum. Sec. 2. Be it further enacted that any person violating the provisions of the first section of this act shall be deemed and held guilty of a misdemeanor and shall be liable to a prosecution therefor before any Court of competent Jurisdiction and shall be upon conviction fined in any sum not less than twenty nor more than One Thousand dollars and be imprisoned for a period of not less than one month nor more than twelve, or he may be so fined or imprisoned at the discretion of the court who may try the case. Sec. 3. Be it further enacted that the County Judges in this Commonwealth shall have and are hereby invested with Jurisdiction to try the Offense created by this act, and may if he choose empannel a Jury to try the facts, or may try the whole case without the intervention of a Jury. Sec. 4. Be further enacted that the fines recovered under this act shall go one half to the prosecuting attorney and informer, and the other into the Treasury of the State.

Mr Moore then offered as an amendment to the substitute the following Viz. Sec 5. Be it further enacted that so much of an act entitled an act concerning brokers as is inconsistent with the provisions of this act is hereby repealed.

The bill, substitute, an amendment after having been discussed at some length, their further consideration was postponed until tomorrow.

88 A message from the Governor by R. McKee Secretary of State was received announcing his approval of the bond of Henry J. Lyon as one of the Bank Commissioners under acts passed by this Council --

Whereupon said approval was confirmed by the Council and said Bond ordered to be filed with the Secretary of State.

Henry J. Lyon Bank Commissioner appeared and took the oath prescribed by law.

The Council then took a recess until 2 1/2 O'Clock P. M.

Evening Session

The Council re-assembled. J. W. Crockett President Pro.tem in the chair.

Mr Moore moved that the Council do now go into secret Session which motion prevailed-- and the Council went into Secret Session

Mr. E. M. Bruce in the chair.

Mr Crockett moved the adoption of the following resolution Viz Resolved That in the opinion of this Council it is indispensably nescessary for the good of this Government that the act entitled "An act regulating Banks passed December 5th 1861 and approved by the Governor shall be immediately executed." The question was put and said resolution adopted.

The Committee on Enrollments reported that they had Examined and enrolled bill entitled "an act to regulate Banks and Currency and had found the same truly enrolled, and thereupon the President protem affixed his signature thereto.

Mr Crockett in the chair --

Mr E. M. Bruce moved the following resolution Towit: Resolved That the President of this council he instructed to appoint a committee of two or more members of this council to confer with the military authorities of the Confederate States and V. K Stevenson Quartermaster and ascertain the manner in which the Louisville and Nashville Rail Road is being run, -- its earnings and what disposition has been made thereof-- and also to confer with the Director and proper authorities in Tennessee-- and the Directors and proper authorities within the Confederate lines in Kentucky or that may hereafter come within our lines as to the most

89 practicable plan of re-organizing Rail Road Company under its charter, with such amendments as this council may hereafter prescribe The vote was then taken and said resolution adopted.

The President Pro. tem appointed Messr E. M Bruce and J. W. Moore as a committee to carry out the purposes of said resolution

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

Attest A. Frank Brown Clerk