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

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Saturday December 28th 1861

The Council met. Mr Crockett President Protem in the chair

The bill in relation to raising thirty Regiments of volunteers being in the order of the day, and the hour having arrived it was taken up. Mr Moore offered the following amendment Towit: Amend Section 17. by striking out the words "sixty four men" and inserting in lieu thereof "seventy six men" as infantry or sixty eight as cavalry And said amendment was adopted.

Mr Thompson offered the following amendment Towit: To amend by striking out section 2. and inserting "the Governor shall appoint by and with the advice of the Council suitable persons who shall be authorized to raise companies: that when ten companies are raised they shall by the Governor be formed into a Regiment, and when thus formed into a Regiment there shall be an election by the regiments of a Colonel, Lieutenant Colonel, and Major." And said amendment was voted on and rejected.

Mr Moore Moved to amend section 3rd by adding after the word "field" the words "and staff" And said amendment was adopted.

Mr E. M. Bruce offered the following amendment Towit. "Strike out after the word Inspector in Section 4 and insert "who shall from the number delivered select one gun" And said amendment was rejected.

The question was then upon ordering said bill to its third reading and being taken it was decided in the negative Messrs Crockett and Thompson having demanded the ayes and naes thereon and the call being made it resulted as follows Those who voted in the affirmative were Messrs Bates, Burnside, H. W. Bruce and E. M. Bruce -- 4 -- Those who voted in the negative were Messrs Crockett Thompson Moore and Scott 4 --

Said bill reads as follows Towit: "An act to raise and arm Thirty Regiments of Volunteer Infantry and Cavalry." Sec 1. Be it enacted by the Council of the Provisional Government of the State of Kentucky, That the Governor be and he is hereby authorized to raise thirty Regiments of volunteers -- Twenty five

104 of Infantry and five of Cavalry to serve one year from the mustering in of the Regiment unless sooner discharged. Sec. 2. The Governor shall appoint by and with the consent of the Council suitable persons who shall be authorized to raise Regiments or parts of Regiments, and when the volunteers so recruited, shall be formed into Regiments the person having raised the largest number of recruits, shall be Commissioned Colonel, and the person having recruited the next largest Lieutenant Colonel, and the next largest Major of said Regiment. Sec. 3. All field and staff Officers shall be appointed by the Governor by and with the advice and consent of the Council and all Company Officers shall be elected by the company Sec. 4. All free white able bodied Males, between the ages of Eighteen and forty five years, who will not volunteer, if they have a gun of any description shall be and are hereby required to deliver the same to the County Inspectors; and if any person has more than one gun he shall deliver the whole number to the Inspector who shall from the number delivered select one or more guns. Said guns shall be delivered within twenty days to the Inspector at his office in the county seat of each county, after publication by the Inspector at five or more of the most public places in said county, the Court House door being one of such places, Provided That the county Inspectors appointed under the provisions of this bill, shall have a discretion whereby he may when in his Judgment the circumstances require it, allow a person who has one or more guns, to retain the same. Sec. 5. The Governor shall appoint with the consent of the Council One Adjutant General whose duty it shall be to receive all returns from the recruiting officers and County Inspectors; and such others as now are or may be prescribed by law. Sec. 6. All persons required by this act to deliver a gun to the Inspector and shall fail to do so, or who shall secrete his arms shall be arrested by the Inspector Sheriff or Constable and brought before any magistrate of the county for trial; and if it shall appear that such person is guilty of the charge he shall be fined fifty dollars and imprisoned in the County Jail until said fine is paid, and shall be disarmed as an enemy and his arms delivered to the Inspector. Sec. 7. If any able bodied male person who shall be worth five hundred dollars in taxable property, who is between the ages of Eighteen and forty five years and shall have no gun, he may make oath to that fact before the Inspector, and shall pay to the Inspector the sum of twenty dollars, for which the Inspector shall give him a receipt, and such person shall be exonerated from furnishing a gun under this act, and said receipt shall be evidence of debt against this government for that sum

105 Sec. 8. Whenever any volunteer shall enlist, the Inspector or recruiting Officer shall administer to him such oath or oaths as may be required in the Confederate Service, and shall furnish him with a gun if one be on hand, and as soon as teen volunteers are recruited, the Governor shall appoint a drill Master for each County, who shall perfect them in the drill, and who shall continue to drill said squad or companies until formed into battalions or regiments -- but said enlisted volunteers shall at all times be subject to be ordered into active service. Sec. 9. The Governor shall appoint a county Inspector for each county When needed, whose duty it shall be to inspect appraise, receipt for and Keep all such guns as are required to be delivered to him, and make full returns of his acts to the Adjutant General weekly. Sec. 10. Every volunteer who shall bring with him a gun and two blankets, or if in a Cavalry regiment, a good horse saddle and bridle, shall have the same inspected appraised and receipted for by the Inspector, and upon the presentation of said receipt to the proper Officer, shall be paid the full value thereof. Sec. 11. As soon as any recruiting Officer shall have enlisted seventy six men, as infantry, or sixty eight as cavalry he shall bring them together, who shall form a company, elect their Officers and be temporarily attached, to any regiment or put upon active service as the commanding General shall direct. Sec 12 As soon as the recruiting Officers shall have thus formed ten companies of volunteers, they shall be formed into a regiment and said recruiting officer shall receive from the Governor his Commission as Colonel of said regiment. Sec. 13. If the commanding General shall so order, fragments of any two or more regiments thus recruited, shall be united to form one full regiment and the officer who has recruited the largest number of such fragmentary regiments, shall be commissioned Colonel, the next highest Lieutenant Colonel, and the next Major of said regiment. Sec. 14. The pay and duties of the volunteer shall begin from the day of his enlistment, but his term of service shall expire one year after his company was formed; Provided however that he shall not be required in any event, if unwilling to continue, to serve more than fourteen months from the time of his enlistment. Sec. 15. The pay of all Officers shall begin from the day of their election or appointment. Sec. 16. After a company or regiment have been once organized by the appointment and election as aforesaid of their Officers, to insure a proper discipline, all vacancies shall be filled

106 by regular promotion of all below the grade of the vacant office and by an election to fill the lowest office thus vacated by the promotion of all above -- Provided however this section is not to apply to the Quartermaster or Commissary departments. Sec. 17. All white males in the State who upon warrant shall be proven to the satisfaction of any Magistrate to be opposed to the Government of the Confederate States of Americaor the Provisional Government of Kentucky, shall be disarmed as an enemy, and his arms shall be examined appraised and receipted for by the Inspector, and paid for at the end of the war, if such person shall not have actually enlisted in the armies of the enemy, or otherwise engaged in the war against the Confederate States Sec. 18. During any recess of the Council the Governor shall have power to appoint the recruiting Officers provided for by this bill, subject to the rejection or approval of the Council at its first session after such recess, before whom the Governor shall lay all such appointments the first week of its session Sec. 19. All volunteers from the time of their enlistment, to the time of their discharge shall be regarded as in the service of the Confederate States, shall be subject to all the rules, laws and regulations of said service, and entitled to all the pay protection and equipments of soldiers and officers in said service Sec. 20. The Adjutant General shall receive a salary of two hundred dollars per month Whilst actually employed in discharging the duties of his Office; and the Inspectors five dollars per day, whilst employed in the discharge of the duties of their Offices. Sec. 21. The Adjutant General and Inspectors shall take an oath before any Magistrate or person authorized to administer an oath, to support the Constitution of the Confederate States and the Constitution and laws of the Provisional Government of Kentucky.

Mr Scott moved a reconsideration of the vote by which the Council refused to order said bill to its third reading -- Which motion prevailed --

Mr Moore then offered the following amendment to Sec. 4. of the bill -- (See section 4 of the foregoing bill for this amendment) Which amendment was adopted

Mr Thompson offered the following amendment to that of Mr Moores, Towit: "That when the Inspector leaves a gun in pursuance of this section the person retaining the gun shall pay the sum of twenty dollars" Said amendment was rejected

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The Council adjourned until 2 O'Clock. P. M.

Evening Session

The Council reassembled -- Mr Crockett Prest Pro.tem in the Chair.

The Military Bill was then taken up.

The question being upon ordering said bill as amended to its third reading and being taken it was decided in the affirmative -- Messrs Thompson and Scott having required the ayes & noes thereon and the call being made resulted as follows Towit Those who voted in the affirmative were Messrs Crockett, Bates Burnside, H. W. Bruce E. M. Bruce Moore and Scott- 7.- The vote in the negative was Mr Thompson -- 1-

On motion the rule of the Council constitutional provision and third reading were dispensed with -- The question was then taken on the passage of the bill, and it was decided in the affirmative And so the bill passed Ordered that the title be as reported.

On Motion of Mr E. M. Bruce the bill providing for the election of members to the Confederate Congress be referred back to the committee on confederate Relations with instructions to report on Monday next at 10 O'Clock A. M. which motion prevailed -- And on Motion Mr Moore was added to said committee --

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

Executive Office Bowling Green Ky December 27.th 1861 Gentlemen of the Council

Herewith I lay before you a communication from His Excellency the Governor of the State of Georgia covering resolutions adopted at the late session of the Legislature of that State

George W. Johnson

The communication referred to reads as follows Towit:

Executive Department Milledgeville Ga. Dec. 16.th 1861 His Excellency Governor Johnson

108 Sir:

I have the honor to transmit herewith a copy of joint resolutions recently adopted by the General Assembly of Georgia. The Legislature has not directed me to forward them, but I do so under the conviction that you will be pleased to learn the action of Georgia on the important subject to which they relate

Very Respectfully Joseph E. Brown

The resolutions referred to read as follows Towit: "Joint Resolutions of the General Assembly of the State of Georgia passed at its late Session Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met: That it is the sense of this General Assembly, that the seperation of those States now forming the Confederate States of America from the United States is, and ought to be final and irrevocable, and that Georgia will, under no circumstances, entertain any proposition from any quarter, which may have for its object a restoration or re-construction of the late Union, on any terms or conditions whatever. Resolved. That the war which the United States are waging upon the Confederate States, should be met on our part, with the utmost vigor and energy, until our independence and nationality are unconditionally acknowledged by the United States. Resolved. That Georgia pledges herself to her sister States of the Confederacy, that she will stand by them throughout the struggle -- she will contribute all the means which her resources will supply, so far as the same may be necessary to the support of the common cause, and will not consent to lay down arms until peace is established on the basis of the foregoing resolutions.

Warren Akin Speaker of the House of Representatives

L. Carrington Clerk of the House of Representatives

John Billups President of the Senate

Jas M. Mobley Secretary of the Senate Approved December 11th 1861

Joseph E. Brown Governor

The Message and accompanying documents were referred to the Committee on Confederate Relations.

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Mr Moore moved the following resolution Towit: Resolved That this Council do proceed on Tuesday next at 12 O'Clock M. to the election of two persons as Senators in the Confederate Congress under the permanent Constitution. said resolution was rejected.

A message from the Governor by Mr McKee Secretary of State: Mr President: I am directed toby the Governor to lay before this Council a special Message in writing:

Executive Office Bowling Green Ky December 27. 1861 Gentleman of the Council

Herewith I lay before you a communication from Henry J. Lyons, and the accompanying documents.

G. W. Johnson

On Motion the message and documents accompanying the same were referred to the committee on Banks -- On Motion it was ordered that the documents accompanying the Message should not be spreade upon the Journal.

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

Attest A. Frank Brown Clerk