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Kentucky and the Civil War (1861-1865)
Kentucky (1861-1865), part 2
"Resolved, That slavery is a state institution, guaranteed by
the constitution
of the United States, and we cannot agree that
the national government, to which we are and intend to be loyal,
shall
undertake the emancipation of slaves against the will of
the slave-holding states."
Great honor should be given to the state of Kentucky for the
course
pursued by her during the first year of the war. Her po-
sition of determined neutrality at first taken, was to some extent
a consequence of her geographical situation. Refusing to take
sides with either North or South, her coolness moderated
the
fiery impetuosity of both. At the same time she was an enviable
acquisition to each. The Federal administration,
desirous to se-
cure her hearty cooperation, saw plainly that it could not be ob-
tained on any other terms than that
of the constitution and the
rights of the states. And every position taken by the adminis-
tration was of such a conservative
character as to meet the ulti-
mate approval of the people of that state. Amid all the efforts
of extreme partisans
in the northern states to press the president
into measures looking to emancipation, nothing was effected. The
certain
loss of Kentucky, and with her western Virginia and Mis-
souri, stayed the government, even if there had been an inclina-
tion to, or conviction of the propriety of, such measures. As a
consequence, Kentucky voluntarily entered the field
for the
Union, and by the end of the year approximately 26,000 men from
that state were serving in Federal ranks.
The position of Kentucky relative to the affairs of the Union,
on the
whole, remained unchanged during the year 1862. Her
determination was to sustain the Federal government in all its
measures
designed for an honest restoration of the Union with-
out interference with the institutions of the states. A very con-
siderable portion of her citizens, however, sympathized with the
government of the Confederate States, and made valuable
con-
tributions to its aid.
There was not a cordial cooperation between the governor and
the majority
of the legislature. Several bills passed by the legis-
lature were vetoed by him, such as an act to disfranchise all citi-
zens who entered the Confederate service, and another requir-
ing all clergymen to take an oath to sustain the constitution
of
the United States before performing the marriage ceremony, etc.
These things, however, were soon lost sight of
by the movements
of the Federal troops, which engrossed attention. Kentucky was
not only
completely under their control, but the Confederate
forces were driven beyond her limits. Even at this time the state
had contributed more than its quota to the Federal army, and
there was no military organization of the state but entirely
ac-
quiesced in this contribution. In August an extra session of the
legislature was held on a call by Gov. Magoffin.
The governor
condemned the invasion of the state by guerrillas under Col.
Morgan, expressed regret at the arrest of
citizens without any
legal process, and recommended the adoption of the resolutions
proposed by Senator Crittenden
at the last session of the 36th
Congress, as a standing proposition for peace and the settlement
of the war. Immediately
afterward the governor resigned his
office and James F. Robinson, secretary of state, was elected by
the legislature
to fill the unexpired term. The most important
subject which came under the consideration of that body during
that
session was the resolution of President Lincoln proposing
a system of gradual emancipation to be adopted by the border
slaveholding states. The report of the committee on the subject
stated that if a restoration of the Union, as it was,
required the
sacrifice of the value of their slaves, the people of Kentucky, in
their opinion, would make it. It further
says:
"But devoted as we are to the Union, we do not feel that our
loyalty
demands at our hands the adoption of the measure pro-
posed. We do not agree with the president that the gradual
emancipation
of the slaves in the border states would bring about
a speedy termination of the war. Unhappily for our country,
the
dominant party in the Congress of the United States are bent
on the destruction of the constitution and the Union. No
curse
which the direst enemy of our country could have imposed would,
in our opinion, have borne more bitter fruits
than the action of
that party has produced. We have viewed with alarm the rapid
strides which the dominant party in
Congress has made toward
the prostration of every guarantee which the constitution pro-
vides for the dearest rights
of the people. They have endeavored,
through the instrumentality of the executive and Congress, to
strip the people
of the disaffected states of their property: they
have passed confiscation bills, in utter violation of the plain pro-
visions of the constitution; they have sought to take away from
those people their state governments and reduce them
to a state
of territorial vassalage; they have declared their purposes to free
the slaves of the rebel states and
elevate them to an equality with
the white man; they have declared that the war should be pros-
ecuted until slavery
shall be swept from the entire land; they
proclaim that they are against restoration of the Union unless
slavery is
abolished.
"The people of Kentucky justly feel horror and alarm at the
enunciation
of such doctrines. They will oppose them by all
peaceable means, and if the time should come when the counsels
of
reason shall no longer be heeded, when the barriers erected
by the constitution shall no longer afford protection, then
will
Kentucky rise up as one man and sacrifice the property, and, if
need be, the lives of her children, in defense
of that constitution
under which alone we can ever hope to enjoy national liberty.
We deny what has been so often
asserted by that party, that the
question of slavery is the cause of the war. Disappointed ambi-
tion, grovelling
lust of office and power produced it. Slavery
was but the pretext for the execution of a purpose long nourished
to
overthrow the government."
The report closed with a recommendation that a system of
gradual emancipation
of slaves be declined. This course was
followed by the legislature, and no action taken on the subject.
On other subjects
its action was such as to sustain the Federal
government in the great objects for which the war was originally
declared
to have been undertaken. The assembly, although ex-
pressing a conviction that the quota of troops from the state,
under
the calls of the president made in July and September,
would be raised by voluntary enlistment, nevertheless passed an
act by a vote of 64 to 9 authorizing a draft. On the approach
of the Confederate force to Lexington in September the
legisla-
ture adjourned to Louisville. The archives of the state were also
removed.
The number of the enrolled militia of Kentucky was 119,577.
Out of this
number 37,444 entered the Federal service for three
years; 11,911 for one year; 413 for nine months, and 1,770 for
60
days; making an aggregate of 51,538, which was almost one-
half of those between the military ages. From the beginning
of
the war to Nov. 30, 1863, the state had advanced on account of
the United States government, in recruiting, arming,
equipping,
subsisting and paying volunteers, the sum of $2,196,611. Of
this sum $861,221 was refunded and $605,000
credited as the pro-
portion of taxes levied on the state, leaving a balance of $730,
390. Notwithstanding many counties
of the state had been so
overrun by invaders and desolated by guerrillas and mauraders
that no revenue could be collected
within them, the balance in
the treasury on Oct. 10. 1863, was $808,387.
The position of Kentucky as one of the border slave states
imparted
more than ordinary interest to the political proceedings
in the state. The legislature elected in Aug., 1861, commenced
its
last session at Frankfort early in Jan., 1863. The measures pre-
sented in this body represented the views of
the people of the
state. It was unequally divided, and the views of each division
are to be found in the resolutions which they recommended for
adoption.
On Feb. 27 the assembly adopted the following series
of resolutions. They were subsequently adopted in the senate,
with
the exception of the 11th:
"1. Resolved, That our institutions are assailed by an armed
rebellion
on one side, which can only be met by the sword; and on
the other by unconstitutional acts of Congress and startling usur-
pations of power by the executive, which we have seen by experi-
ment can be corrected by the ballot-box. Policy,
as well as prin-
ciple, requires that Kentucky shall await the process of reform,
which is slow but sure, and refrain
from all unlawful and un-
constitutional acts which have already brought terrible calami-
ties upon the country; whilst
we invoke the aid of all patriotic
men to avert the evils that threaten our free institutions.
"2. Resolved, That this general assembly declares, as before
it has
oftentimes declared, that the state of Kentucky hath ever
been, and is, loyal to the government of the United States of
America, and is determined to maintain that loyalty against both
domestic and foreign foes.
"3. Resolved, That this general assembly recognizes a mani-
fest difference
between the administration of the government and
the government itself — the one is transitory, limited in duration
only to that period of time for which the officers elected by the
people are charged with the conduct of the same;
the other is
permanent, intended by its founders to endure forever.
"4. Resolved, That this general assembly now in the exercise
of its
right to differ in opinion with the national executive, en-
ters its solemn protest against the proclamation of the president
of the United States, dated Jan. 1, 1863, by which he assumes
to emancipate all slaves within certain states, holding
the same
to be unwise, unconstitutional and void.
"5. Resolved, That this general assembly declares that the
power which
has recently been assumed by the president of the
United States, whereby, under the guise of military necessity,
he
has proclaimed and extended martial law over states where
war did not exist, and has suspended the writ of habeas corpus,
is unwarranted by the constitution, and its tendency is to subor-
dinate civil to military authority, and to subvert
constitutional
and free government.
"6. Resolved, That this general assembly declines to accept
the president's
proposition for emancipation, as contained in his
proclamation of the 19th of May, 1862.
"7. Resolved, That this general assembly deems it proper
further to
declare that it, together with all the loyal people of the
state, would hail with pleasure and delight any manifestation
of
a desire on the part of the seceded states to return to their al-
legiance to the government of the Union, and would, in such
event, cordially
and earnestly cooperate with them in the restora-
tion of peace and the procurement of such guarantees as would
give
security to all their interests and rights.
"8. Resolved, That Kentucky will adhere to the constitution
and the
Union, as the best, it may be the last, hope of popular
freedom; and for all the wrongs which may have been committed,
or evils which may exist, will seek redress under the constitution,
and within the Union, by the peaceful but powerful
and irresist-
ible agency of the suffrages of a free people.
"9. Resolved, That this general assembly hails with pleasur-
able hope
the recent manifestations of conservative sentiment
among the people of the non-slaveholding states in their late elec-
tions, and regard the same as the earnest of a good purpose on
their part to cooperate with all other loyal citizens
— give security
to the rights of every section, and maintain the Union and the
constitution as they were ordained
by the founders of the re-
public.
"10. Resolved, That, in the judgment of this general assem-
bly, a convention
should be called for the purpose of proposing
such amendments to the national constitution as experience has
proved
to be necessary to maintain that instrument in the spirit
and meaning of its founders; and to that end we reaffirm and
adopt the resolutions recommending a call for a convention of
the United States, approved Jan. 25th, 1861.
"11. Resolved, That it is expedient for the Mississippi valley
states,
as soon as practicable, to hold a convention of advice and
consultation, with a view to determine what is best to be done
for the preservation of the whole government, and for the pur-
pose of maintaining their integrity and union, and
to prevent
any one or more states from seizing and appropriating to them-
selves the exclusive use of the mouths of
the Mississippi river,
and imposing export and import duties on the commerce and
navigation of the other states.
"12. Resolved, That the laws of this state must be maintained
and enforced,
and that it is the duty of the constituted authori-
ties of the state to see to it, that by all constitutional means this
indispensable end shall be attained.
"13. Resolved, That the governor be requested to forward a
copy of these
resolutions to the president of the United States,
and to the governor of each state, with a request that he lay the
same
before the legislature of his state, and to each of our sena-
tors and representatives in Congress. Our senators are in-
structed, and our representatives requested, to use their best ef-
forts to accomplish the objects of these resolutions."
The following preamble and resolutions expressing the views
of the minority of the legislature, were offered in the senate and
assembly,
on Jan. 19, and although they failed to be adopted they
acquired an importance in connection with subsequent events in
the state.
"In times of war, as in peace, the constitution of the United
States
is the supreme law of the land. It prescribes the powers
of the government in its executive no less than in other depart-
ments, and it is the only bond of union between the states. The
Federal government, as defined by the constitution,
when exer-
cising the powers granted to it is entitled to the allegiance of the
people; but loyalty to the government
does not impose upon the
citizen any obligation to support an administration in the enforce-
ment of a policy unauthorized
by the constitution or forbidden
by its provisions; but it is the duty of all good citizens to resist
encroachments
upon their rights, and to defend the constitution
of their country from violence. He who upholds the executive
or
any other department of the government in the violation of
its provisions is disloyal to the constitution and an enemy
to the
freedom of his country. The Federal government, deriving all
its legitimate powers from the constitution, is,
therefore, the
creature of the constitution, and has no power in any depart-
ment to suspend any of its provisions,
or throw off its restric-
tions under any pretense whatever. The maxim that 'govern-
ments derive their just powers
from the consent of the governed,'
is one which we ought never to forget. It involves a fundamen-
tal principle of
freedom — one asserted by our ancestors, and for
which they fought and won our independence of the British
crown,
and which we never can surrender. It should also be
borne in mind that governments were instituted for the protec-
tion
of life, liberty and property, and that such as fail to perform
this duty will, sooner or later, be overthrown by an intelligent,
virtuous and courageous people. The history of the present ad-
ministration of the Federal government is a history
of repeated
injuries and usurpations, tending directly to the overthrow of
state authority and state institutions,
and a consolidation in the
Federal government of all political power, and the erection upon
their ruins of a great
military despotism as tyrannical and des-
potic as the worst governments of Europe, to prove which we
refer to the
following facts:
"The president has, without authority of Congress, suspended
the writ
of habeas corpus — thus striking a deadly blow at the lib-
erties of the people. He has caused citizens to be arrested,
trans-
ported to distant states, and incarcerated in loathsome prisons,
without charge or accusation against them.
He has denied to cit-
izens thus arrested and imprisoned a trial by jury, or indeed any
trial, and has withheld from
them all knowledge and information
as to their accusers or the cause of their arrest. He has subjected
his
prisoners thus held to barbarous and inhuman treatment, en-
dangering both life and health, and has required hundreds
of
them so held, as a condition upon, which they might be released
to take illegal oaths arbitrarily prescribed by
himself or his agents.
He has attempted to destroy the freedom of the press by the forc-
ible suppression of newspapers,
because they saw proper to crit-
icise the measures of his administration ; and such as have es-
caped suppression
have been subjected to a censorship wholly
incompatible with freedom of thought or expression of opinion.
He has attempted
to destroy the freedom of speech, by arresting
citizens who animadverted upon the measures of his administra-
tion.
He has caused to be arrested persons engaged in circulat-
ing petitions for the signatures of the people; thus interfering
with the right of petition. He has wholly disregarded the right
of the people to be 'secure in their persons, houses,
papers and
effects against unreasonable searches and seizures.' He has in-
terfered with the administration of justice
in the state courts by
violently forcing the judges to adjourn, dispersing their grand
juries, and by breaking open
jails and releasing prisoners con-
fined under regular judicial process for felonies and other crimes.
He has in some
of the states, among which is Kentucky, forcibly
wrested from the citizen his right to be the candidate for office
within
the gift of the people, thus striking down the elective
franchise; and eminent citizens of this state are now in confine-
ment beyond its borders for no other known reason than that they
presented themselves as candidates for office before
the people.
He has quartered soldiers in the houses of citizens against their
will, and not in the manner prescribed
by law. He has permitted
his troops to overrun this state, destroying houses, and fencings
of farms and lots. They
have sacked the houses of peaceful cit-
izens, destroyed their furniture, family pictures, carpets, cloth-
ing, and
other articles of household goods, and robbed them of
their silver ware, stock and provisions. He has permitted his
wagon
masters and others, with armed soldiers, to seize the corn,,
oats, hay, etc., of our citizens for the use of the armies,
without
their consent, and without just discrimination as to whether the
farmer could spare the articles or not —
fixing their own price
upon them, making their own estimate as to the value and the
quantity taken, and giving no
receipt or name whereby the owner
could successfully seek his pay; and often, when vouchers were-
given, they were
so informal that no money could be drawn upon
them.
"He has permitted his officers and soldiers to entice slaves in
great
numbers to leave their masters and owners, and to take
them within their camps, and there, with bayonets, to protect
them from reclamation; and when civil suits have been brought
for their
recovery, in may instances the process of the court has
been resisted by armed forces, and the owner of the slaves mal-
treated and imprisoned, for no known cause other than his at-
tempt thus to recover and protect his property.
"He has permitted his officers and soldiers, without authority
of law,
to levy large contributions of money upon unoffending
citizens, under the pretense of reimbursing other citizens for
losses
sustained by the casualties of war. He has permitted his
officers and soldiers with impunity to murder peaceable citizens.
He has given his assent and approval to acts of Congress appro-
priating and proposing to appropriate enormous sums
of public
money to purchase the freedom of slaves and their deportation
to some foreign country, and has invited the
border slave states
(including Kentucky) to liberate their slaves, with promises of
compensation from the Federal
treasury. He has set aside the
constitution of the United States by giving his official sanction
to an act of Congress
creating a new state within the territory
of Virginia without her consent. He has, without constitutional
authority,
aided in freeing the slaves of the District of Columbia.
He has, in violation of the constitution, by proclamation, declared
free all the slaves in many of the states, invited them to vindi-
cate their freedom by force, and sought an alliance
with them
in a war waged against their masters — a monstrous and iniqui-
tous act sanctioned by no law, human
or divine, finding no par-
allel in atrocity in the history of barbarous nations. He is spend-
ing large sums of money,
appropriated by Congress for the sup-
port of the army, in feeding and clothing slaves stolen from their
masters.
"In view of the foregoing facts, the truth of which cannot be
denied,
we do firmly believe, and solemnly declare, that any as-
sistance furnished the executive in the further prosecution of
the war upon the basis of his present policy, tends immediately
and directly to the overthrow of both the Federal
and state gov-
ernments: Wherefore,
"1. Resolved by the General Assembly of the Commonwealth
of Kentucky,
That Kentucky will, by all constitutional means
in her power, protect her citizens in the enjoyment of the elective
franchise,
the benefits of the writ of habeas corpus, the security
of their persons and property against the unconstitutional edicts
of the Federal executive, and their enforcement by the army un-
der his control.
"2. Resolved, That, by the constitution of the state of Ken-
tucky,
'the right of the owner of the slave to such slave, and its
increase, is the same and as inviolable as the right of the
owner
to any property whatever; that Kentucky understands her own
interests too well to be thankful for gratuitous advice as to the
mode
in which she should manage them; and when she wants
the assistance of any outside administration of her affairs, she
claims
the privilege of originating the suggestion; consequently
the proposition made by Abraham Lincoln, for her to emancipate
her slaves, is hereby rejected.
"3. Resolved, That the object and purpose of the war having
been perverted
by the party now in control of the government,
in violation of its oft-repeated and most solemn pledges, our sen-
ators
in Congress are instructed, and our representatives are re-
quested, to oppose any further aid in its prosecution by furnish-
ing either men or money.
"4. Resolved, That the proclamations of the president, dated
Sept. 22,
1862, and Jan. 1, 1863, purporting to emancipate the
slaves in certain states and parts of states, set forth therein,
are
unwarranted by any code, either civil or military, and of such
character and tendency as not to be submitted to
by a people
jealous of their liberties.
"5. Resolved, That the act of Congress, approved by the
President, admitting
Western Virginia as a state, without the
consent of the state of Virginia, is such a palpable violation of
the constitution
as to warrant Kentucky in refusing to recognize
the validity of such proceeding.
"6. Resolved, That Kentucky will cordially unite with the
Democracy
of the northern states in an earnest endeavor to bring
about a speedy termination of the existing war; and to this end
we insist upon a suspension of hostilities and an armistice to en-
able the belligerents to agree upon terms of peace.
"7. Resolved, That commissioners from this state be appoint-
ed, whose
duty it shall be to visit the Federal and Confederate
governments, at Washington and Richmond, and urge them re-
spectfully
to agree upon an armistice for the purposes therein
contemplated.
"8. Resolved, That the governor of Kentucky is hereby re-
quested to
forward a copy of the foregoing preamble and reso-
lutions to the president of the United States, and to each of our
senators
and representatives in Congress."
On Jan. 29, 1863, the minority members of the legislature, and
a large
number of persons from various counties of the state, met
in the evening in the senate chamber in the capitol, organized
a
meeting, and adopted the preceding preamble and resolutions in
the form in which they had been offered in both houses
of the
legislature. Various propositions were then discussed in refer-
ence to calling a convention of the people,
nominating candidates
for state offices and members of Congress, to be chosen at the
usual election in August, when
the meeting adjourned to the
next day. At the second meeting a state central committee was
appointed,
and instructed to call a state convention to nominate
candidates for governor and other offices, to meet at Frankfort
on Feb. 18. On the next day, Jan. 31, this committee issued a
call for a convention. Previous to its meeting an application
was
made to the assembly of the legislature for the use of its hall,
which was refused. At the appointed time the
convention as-
sembled at Frankfort, but was soon dispersed by Col. Gilbert,
the commander of a regiment of Federal
soldiers. Says the
"Louisville Journal," in July:
"The convention was dispersed, and the movement for the re-
organization
of the secession party of Kentucky, under the name
of Democracy, as respects public and formal action, was sud-
denly
arrested. At this point two courses lay before the leaders
of the movement. They were compelled to abandon the move-
ment
for the present election, or else to organize secretly, and
selecting candidates in the main from the new recruits of
the
party, with but a comparative sprinkling of original secession-
ists, quietly to put them in the field without
the intervention of
any public or formal action. In a word, they had either to throw
up their scheme for the present,
or to prosecute it by indirection.
They unhesitatingly chose the latter course. It is not probable
that they so much
as seriously thought of the former. And the
course they chose they have pursued with energy and with con-
siderable
skill. The result, with respect to organization, we are
not able confidently to state, though secret societies under the
style of 'Democratic Associations' have been established certainly
in many parts of the commonwealth and probably
in all; but,
with respect to candidates, the result is at last before the public
in a complete 'Democratic ticket'
for the state, the candidates
having been required to steal out to their places in the ticket one
by one or in little
groups, as the stars appear to steal into their
places in the twilight sky, the managers apparently considering
that
to allow the ticket all at once to burst forth in constellated
splendor might challenge too forcibly the attention of
the author-
ities. But at last the ticket is out in full."
Meanwhile the majority of members of the legislature, known
as Union
members, assembled in the hall of the assembly, on the
evening of Feb. 16, and agreed to "recommend to the Union
Democracy
of Kentucky that they assemble by delegation in con-
vention in Louisville on March 18, to nominate suitable persons
as
candidates for the various state offices." At the appointed
time the convention assembled at Louisville. Delegates were
present from 103 counties, and the convention contained more
than 1,000 members. Joshua F. Bell was nominated for
gover-
nor and a series of resolutions were adopted. On April 24 Mr.
Bell declined the nomination for governor, for the reason that
his private
affairs, which had been much neglected during the
two previous years of trouble, demanded his whole attention.
The
state central committee on May 1 tendered the nomination
to Thomas E. Bramlette, who accepted it, and the platform
was
thus explained by him in a speech delivered in Louisville on July
18:
"Its first resolution approved and endorsed the principles con-
tained
in the joint resolutions upon Federal affairs, adopted by
our legislature. The spirit of these resolutions declared the
loyal
attachment of Kentucky to the government of the United States,
and our determination to maintain it; recognized
the difference
between a transitory administration of the government, limited
to an official term, and the government
itself, which is permanent,
and was intended by its founders to endure forever; declared
dissent from and entered
its protest against the emancipation
proclamation as unwise, unconstitutional, and void; denounced
the extension of
martial law over states where war did not exist,
and the suspension of the writ of habeas corpus as unwarranted
by
the constitution, tending to subordinate civil to military au-
thority and to subvert constitutional and free government;
de-
clared we would hail with delight any manifestation of a desire
on the part of the seceded states to return to
their allegiance, in
which event we would cordially cooperate with them in the res-
toration of peace and the security
of such guarantees as would
protect all their interests and rights; hailed the triumph of con-
servative sentiment
in the non-slaveholding states as manifested
by the then recent elections, and asserted that the laws of the
state
must be maintained and enforced, and that it was the duty
of the constituted authorities to see that this indispensable
end
should be attained by all constitutional means. These points
of undying devotion and loyalty to the government,
and the de-
termination to adhere to it and preserve it at all hazards; the
duty of the state government to see the
law executed; the con-
demnation of the radical measures of the Federal administration
in power, and the pledge to
correct them by peaceful and consti-
tutional means through the ballot-box, all meet my most cordial
approval and
support. There is no issue made against them in
Kentucky, and therefore there is no necessity to discuss them
here,
and I have not discussed them at length, because they are
entertained in common by all the Union Democrats, and as our
o])ponents say they hold the same sentiments, there is therefore
no issue to be taken with them. But the second resolution
of our
convention declared that the present causeless and wicked rebel-
lion should be crushed by the whole power
of the Federal gov-
ernment, and the national authority restored over all the revolted
states, and for the accomplishment of that object we are willing"
to
devote our whole resources if necessary. On this resolution
our opponents take issue; all the rest are unopposed."
The election was held on the first Monday in August. A gen-
eral act
of the legislature and amendments thereto, passed in 1862,
constituted the laws of the state regulating elections. The
stat-
ute required that, so long as there are two political parties in
the state, each should be represented in the
officers of every elec-
tion precinct. An amendment adopted March 15, 1862, declared
that those who had engaged in
rebellion for the overthrow of
the government, or who had in any way aided, counselled, or ad-
-vised the separation
of Kentucky from the Federal Union by
force of arms, or adhered to those engaged in the effort to sepa-
rate her from
the Federal Union by force of arms, should not be
deemed one of the political parties of the state. They, therefore,
could
not be officers at any election. Another amendment,
adopted March 11, 1862, declared that all citizens who should
enter
the service of the so-called Confederate States, in either a
civil or military capacity, or into the service of the so-called
pro-
-visional government of Kentucky, and continue in such service
after the passage of this amendment, or who shall
take up or
continue in arms against the military forces of the United States
or the state, or shall give voluntary
aid and assistance to those
in arms against said forces, shall be deemed to have expatriated
themselves, and shall
no longer be citizens of Kentucky, nor may
be again, except by permission of the legislature. Whenever any
person
attempted to exercise any legal right of a citizen of Ken-
tucky, he might be required to negative on oath this expatriation.
Persons who aided in attempting to break up or prevent any elec-
tion from being held anywhere in the state were liable
to be fined
from $50 to $500, or imprisonment not more than one year. Of-
ficers who failed to arrest such offenders
might be punished by
fine and imprisonment. Persons offering to vote, who should
make false statements under oath,
should be deemed to be guilty
of perjury, and suffer the penalties for that offense. Previous to
the election. Gov.
Robinson issued a proclamation stating the
law relative to elections, and the oath that a voter might be re-
quired
to take. It was called the "oath of loyalty," and, as ad-
ministered in the city of Louisville, was as follows:
"I, __________ of __________ county of __________
state of __________ do solemnly swear that I will bear true
allegiance to the United States, and support and sustain the con-
stitution
and laws made in pursuance thereof as the supreme law
of the land, anything in any state constitution or laws to the con-
trary notwithstanding, and that I will not take up arms against
the United States, nor give aid and comfort, by word
or deed.
to the enemies thereof, or to those now in rebellion against the
United
States; and that I disclaim all fellowship with the so-
called Confederate States and Confederate armies; and that I
will
faithfully keep and observe this my solemn oath of allegiance
to the government of the United States of America, with
a full
understanding that death or other punishment by the judgment
of a military commission will be the penalty of
its violation."
Gen. Burnside, who was in command of the Department of the
Ohio, which
included the central and eastern part of the state,
issued a proclamation previous to the election; in the western part
of the state and in Henderson county other military orders were
also issued; and on July 16 Col. Johnston published
an order at
Smithland, directing the judges and clerks of the election in the
adjacent counties "not to place the
name of any person on the
poll books, to be voted for at the election, who is not a Union
man, or who is opposed to
furnishing men and money for a vigor-
ous prosecution of the war against the rebellion. Any person
violating this
order will be regarded as an enemy to the United
States government, and will be arrested and punished accord-
ingly."
The effect of Gen. Burnside's proclamation on the result
of the election was thus reported by the press:
The "Cincinnati Commercial" said: "It had no more effect
upon the election
than would have been produced by a small boy
whistling 'Yankee Doodle' at the state capitol, at 6 o'clock in the
morning.
It was unwise to issue such a proclamation, as the only
effect it has produced is in giving a color of plausibility to
the
pretense made by the Wickliffe party, that they were defeated by
bayonets. The proclamation didn't influence the
election, but it
has impaired, if not destroyed its moral force."
The "Louisville Journal" said: "There never was more fair-
ness, more
justice, more freedom in the election, than was prac-
ticed and accorded by the friends of the Union last Monday."
In reply to this the "Louisville Democrat" said: "Below we
continue
further correspondence from different sections of the
state, illustrating the 'fairness,' 'justice.' and 'freedom' of
the
election of Monday, Aug. 3, 1863."
A memorial addressed to President Lincoln by Judge S. S.
Nicholas, of
Louisville. Ky., makes the following statement:
"On Aug. 1, Col. Mundy, commanding at Louisville, issued his
proclamation,
with generous assurances to the citizens that their
election should be protected against the interference of raiders,
of whom no man had the slightest fear, but giving no promise
against his own soldiers, as to whom at least one-half
of the
voters stood in the greatest apprehension. On the contrary, he
said there would be a military guard at each
voting place, accom-
panied by detectives, who knew the record of each resident in
the several precincts, to point out to the guard any who shall
attempt
to perpetrate a fraud against the election law; and that
'all who shall present themselves at the polls, and fraudulently
attempt to vote, will he immediately arrested by the guard, and
confined in the 'military prison.' Accordingly, on
the day of elec-
tion, there were lo soldiers with muskets at each voting place,
who with crossed bayonets stood in
the doors, preventing all
access of voters to the polls but by their permission, and who ar-
rested and carried to
the military prison all that they were told
to arrest. But there were not very many arrested; it is said
not more
than 30 or 40, all of whom, with a few exceptions, were
released the next day, it becoming early apparent that there was
no need for undue intimidation to secure the success of the Bram-
lette ticket. Out of some 8,000 voters in the city,
less than 5,000
votes were taken. How many of the missing 3,000 were deterred
from attempting to vote cannot be ascertained,
nor is it neces-
sary, for the intimidation of 3,000 voters is no greater outrage
than the intimidation of only 500.
The interpretation generally
put by the opposition party upon the order of Col. Mundy was,
that no man was to have
the privilege of having his right of vot-
ing tested by the judges if pointed out to the guard, as proper to
be arrested
by any one of the colonel's detectives. He not hav-
ing the semblance of legal or rightful power to interfere with the
election, the most sinister suspicions were naturally aroused, and
very many deterred from going to the polls, for
fear they should
be victimized to personal or party malice. Indeed it is rather
matter of surprise that so large a
number of the opposition party
did go to the polls. Similar intimidation was not only practised
in other parts of
the state, but, from published proof and reliable
information, there is no doubt that in very many counties the
judges
were so dastardly infamous as to submit to the military
order and not permit the Wickliffe ticket to be voted for. The
result is that there was not only direct military interference with
the election, but it was conducted in most of
the state under the
intimidation of Federal bayonets."
The vote for governor was: Bramlette, 68,306; Wickliffe, 17,389;
the total vote being 85,695, while in 1860 it was 146,216.
All of the
nine Congressmen elected were candidates of the Union
Democratic party, and of the legislature, the senate consisted of
38 members, entirely Union; the house, 100 members, of which
5 or 6 were on the Democratic ticket. The governor elect
was
inaugurated on Sept. 2. In his address, he thus stated the pub-
lic sentiment of the state, as he regarded it
to be expressed by
the election:
"The recent elections clearly and unmistakably define the pop-
ular
will and public judgment of Kentucky. It is settled that
Kentucky will, with unwavering faith, and unswerving purpose,
stand
by and support the government in every effort to suppress
the rebellion and maintain the Union. That for this purpose
she
will 'devote the whole resources of our government to crush the
present causeless and wicked rebellion, and restore
the national
authority over the 'revolted states.' But whilst so devoting our
whole resources to uphold and maintain
the government against
rebellion, the same devotion to constitutional liberty will equally
impel her to oppose her
will to all unconstitutional, all wicked,
unwise or hurtful measures of policy, which may be suggested
or adopted
in the prosecution of our defensive war. This she
will do through the peaceful medium of the ballot-box, by the
persuasions
of argument, and the legitimate force of our consti-
tutional tribunals. We will make no factious opposition; will
adopt
no mode of opposition which can in any manner check or
retard those charged with the administration of the government
in any legitimate effort to suppress the rebellion and restore the
national authority over the revolted states. Kentucky
will not
affiliate with those at home, or in other states, whose manifest
object is, under pretense of opposition
to war measures, to cover
their real purpose of crippling the energies of our government,
paralyzing its arm of just
defense, and forwarding the aims of the
rebellion. The recent vote of Kentucky proclaims that she will
not fraternize
with rebellion, either open or covert; and with
equal emphasis that she will not fraternize with those who would
pervert
our just defense into a fanatical war upon the constitu-
tional rights and liberties of the people of the southern states.
But firmly and immovably poised upon her own just, loyal and
proud constitutional center, Kentucky will maintain the
right,
and support the constitution of the Union by all the powers and
modes sanctioned by the wisdom of a humane
experience and a
just and legal warfare. 'Men and money' to crush the rebellion;
votes and argument to correct legislative
or executive policy,
when erroneous. This is the proclaimed and deliberate will of
Kentucky. This is her right and
duty. She will maintain her
right, and do her duty.
"We affiliate with the loyal men north and south, whose ob-
ject and
policy is to preserve the Union and the constitution, un-
changed and unbroken, and to restore the people to harmony
and
peace with the government as they were before the rebellion.
It is not a restored Union — not a reconstructed Union
— that
Kentucky desires; but a preserved Union, and a restored peace
upon a constitutional basis."
At the session of the legislature, which commenced at the be-
ginning
of the ensuing year, the governor recommended that the
penal code of the state be so amended as to provide proper pre-
ventive as well as punitive remedies for every form of treasonable
action,
whether it consisted in acts or words, which tended to
promote or encourage rebellion. He also recommended that the
laws
be so amended as to give to any loyal man who suffered in
person or property from invasions or raids, a right of action
against any or all persons who, after the passage of such act,
might aid, encourage, or promote rebellion, either
by acts or
words of encouragement, or by approval, or by manifesting an
exultant and joyous sympathy upon the success
of such raids.
In the execution of the act of Congress for the enrollment and
draft,
the free negroes of Kentucky were not enrolled. The num-
ber of able-bodied men of that class was estimated between 300
and 500. A strong protest was made by the people to the en-
rollment of those persons, and no return of them was made.
The manifest purpose of the Federal government to bring the
able-bodied
negroes of Kentucky into the army, produced much
excitement in the state early in 1864. On Dec. 10, 1863, the gov-
ernor
was notified by Capt. Edward Cahill, that he had been
ordered to Kentucky to recruit free colored men for the army,
and
the assent of the governor to the necessary proceedings was
requested. In a letter to Gen. Boyle on the subject, dated
Jan.
13, the governor said: "No such recruiting will be tolerated
here. Summary justice will be inflicted upon any
who attempts
such unlawful purpose." But on Feb. 24 Congress passed an
act directing that all able-bodied male colored
persons between
20 and 45, resident in the United States, should be enrolled and
form a part of the national forces.
Under this act the enroll-
ment of colored men was commenced in the state, and on March
22 the governor proceeded
to Washington, the object of his mis-
sion being to have the law modified, if possible, so far as it ef-
fected the
enrollment in Kentucky. He was quite successful in
the object of his visit, and an agreement was entered into that
allayed
somewhat the intensity of the feeling among the people of
Kentucky in regard to the enlistment of negro troops.
The state continued its attitude of unswerving loyalty to the
Union
until peace had been restored. The closing year of the
war was fraught with much suffering and privation on the part
of
the people of the state. Hostilities had degenerated into a
guerrilla warfare of direful intensity, destructive of both
life
and property, but through it all the gallant "Corncracker State"
maintained consistently the position she had
assumed from the
first. No state in the Union has a record that equals hers in the
matter of consistent loyalty to
expressed ideals. Firm in her
devotion to the Union she cheerfully furnished men and money
to assist in preserving
the same; and to what she considered the
unconstitutional acts of the administration she gave an emphatic
condemnation by an overwhelming majority at the ballot-box.
The muster-rolls
of the adjutant-generals office make the num-
ber of men furnished by the state to the Federal armies to be
63,975
white soldiers on an enrollment of 113,410. The rolls in
the same office further show that 20,438 colored troops were
mus-
tered into the Federal service from the state. In addition, about
5,000 were enlisted preparatory to being mustered
in, making the
aggregate of colored troops 25,438. Thus, with a white and
black male population of 133,742 between
18 and 45 years of age,
the state contributed to the Federal armies 89,413. Apart from
this force, there were employed
in the service of the state for
various periods 13,526 militia, or state troops. During the prog-
ress of the war,
Kentucky expended in aid of the Federal govern-
ment $3,268,224. Of this sum there had been refunded to the
state
by the close of 1865, the amount of $1,109,230, leaving a
balance in favor of the state of $2,159,994. From this amount
there was later deducted the sum of $713,695, being the state's
proportion of the direct tax laid by act of Congress
in 1861,
thus making the final balance against the United States $1,553,353.
In addition to that sum, the state expended nearly $1,000,000
in maintaining home troops for local and state defense. Could
any showing
be more potent than the above in illustrating the
devotion of the state to the Federal Union and her earnest de-
sire
for the preservation of its integrity?
Always maintaining that loyalty to the government was one
thing, and
that approval of the acts of an administration was dis-
tinctly another, the people of the state registered their verdict
upon the latter question at the presidential election of 1864, when
they gave McClellan a vote of 64,301, and Lincoln
27,786, a ma-
jority for McClellan of 36,515.
See also:
Source: The Union Army, vol. 4
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