Whereas the Federal Constitution, which created the
Government of the United States, was declared by the framers thereof to be the
supreme law of the land and was intended to limit the powers of said Government
to certain general specified purposes, and did expressly reserve to the States
and people all other powers whatever; and the President and Congress have
treated this supreme law of the Union with contempt, and usurped to themselves
the power to interfere with the rights and liberties of the States and the
people against the expressed provisions of the Constitution, and have thus
substituted for the highest forms of rational liberty and constitutional
government, a central despotism, founded upon the ignorant prejudices of the
masses of Northern society, and, instead of giving protection with the
Constitution to the people of fifteen States of this Union, have turned loose
upon them the unrestrained raging passions of mobs and fanatics, and because we
seek to hold our liberties, our property, our homes, and our families, under
the protection of the reserved powers of the States, have blockaded our ports,
invaded our soil, and waged war upon our people for the purpose of subjugating
us to their will; and
Whereas our honor and our duty to posterity demand that we
shall not relinquish our own liberty, and shall not abandon the right of our
descendants and the world to the inestimable blessings of constitutional
government: Therefore,
Be it ordained. That we do hereby forever sever our
connections with the Government of the United States, and, in the name of the
people, we do hereby declare Kentucky to be a free and independent State,
clothed with all power to fix her own destiny and to secure her own rights and
liberties; and
Whereas the majority of the legislature of Kentucky have
violated their most solemn pledges, made before the election, and deceived and betrayed
the people; have abandoned the position of neutrality assumed by themselves and
the people, and invited into the State the organized armies of Lincoln; have
abdicated the government in favor of the military despotism which they have
placed around themselves, but can not control, and have abandoned the duty of
shielding the citizens with their protection; have thrown upon our people and
the State the horrors and ravages of war, instead of attempting to preserve the
peace, and have voted men and money for the war waged by the North for the
destruction of our constitutional rights; have violated the express words of
the Constitution by borrowing five millions of money for the support of the
war, without a vote of the people; have permitted the arrest and imprisonment
of our citizens and transferred the constitutional prerogatives of the
executive to a military commission of partisans; have seen the right of habeas
corpus suspended without an effort for its preservation, and permitted our
people to be driven in exile from their homes; have subjected our property to
confiscation, and our persons to confinement in the penitentiary as felons,
because we may choose to take part in a contest for civil liberty and
constitutional government against a sectional majority waging war against the
people and institutions of fifteen independent States of the old Federal Union,
and have done all these things deliberately against the warnings and vetoes of
the governor and the solemn remonstrances of the minority in the senate and
house of representatives: Therefore,
Be it further ordained, That the unconstitutional
edicts of a factious majority of a legislature thus false to their pledges,
their honor, and their interests, are not law, and that such government is
unworthy of the support of a brave and free people; and that we do therefore
declare that the people are thereby absolved from all allegiance to said
government, and that they have a right to establish any government which to
them may seem best adapted to the preservation of their rights and liberties.
Section 1. The supreme executive and legislative power of
the provisional government of this Commonwealth, hereby established, shall be
vested in a governor and ten councilmen, one from each of the present
Congressional districts, a majority of whom shall constitute a quorum to
transact business. The governor and councilmen to be elected by the members of
this convention in such manner as this convention may prescribe.
Sec. 2. The governor and council are hereby invested with
full power to pass all laws necessary to effect the objects contemplated by the
formation of this government. They shall have full control of the army and navy
of this Commonwealth, and the militia thereof.
Sec 3. No law shall be passed, or act done, or appointment
made, either civil or military, by the provisional government, except with the
concurrence of a majority of the council and approval of the governor, except
as herein specially provided.
Sec. 4. In case of a vacancy in the gubernatorial office,
occasioned by death, resignation, or any other cause, the council shall have power
to elect a governor, as his successor, who shall not, however, be a member of
their own body.
Sec. 5. The council hereby established shall consist of one
person selected from each Congressional district in the State, to lie chosen by
this convention, who shall have power to fill all vacancies from any cause from
the district in which such vacancy shall occur.
Sec. 6. The council shall have power to pass any acts which
they may deem essential to the preservation of our liberty and the protection
of our rights, and such acts, when approved by the governor, shall become law,
and as such shall be sustained by the courts and other departments of the
government.
Sec. 7. The governor shall nominate, and, by and with the
advice and consent of the council, shall appoint all judicial and executive and
other officers necessary for the enforcement of law and the protection of
society under the extraordinary circumstances now existing, who shall continue
in office during the pleasure of the governor and council, or until the
establishment of a permanent government.
Sec. 8. The governor shall have power, by and with the
consent and advice 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.
Sec. 9. That three commissioners shall be appointed by this
convention to the Government of the Confederate States of America, with power
to negotiate and treat with said Confederate States for the earliest
practicable admission of Kentucky into the Government of said Confederate
States of America, who shall report the result of their mission to the governor
and council of this provisional government, for such future action as may be
deemed advisable, and, should less than the full number attend, such as may
attend may conduct such negotiation.
Sec. 10. So soon as an election can be held, free from the
influence of the armies of the United States, the provisional government shall
provide for the assembling of a convention to adopt such measures as may be
necessary and expedient for the restoration of a permanent government. Said
convention shall consist of one hundred delegates, one from each representative
district in the State, except the counties of Mason and Kenton, each of which
shall be entitled to two delegates.
Sec. 11. An auditor and treasurer shall be appointed by the
provisional government, whose duties shall be prescribed by law, and who shall
give bond with sufficient security for the faithful discharge of the duties of
their respective offices, to be approved by the governor and council.
Sec. 12. The following oath shall be taken by the governor,
members of the council, judges, and all other officers, civil and military, who
may be commissioned and appointed by this provisional government: "I, _____,
do solemnly swear (or affirm), in the presence of Almighty God, and upon my
honor, that I will observe and obey all laws passed by the provisional
government of Kentucky. So help me God.""
Sec. 13. The governor shall receive, as his salary, $2,000
per annum, and the councilmen, $6 per diem, while in session, and the salary of
the other officers shall be fixed by law.
Sec. 14. The constitution and laws of Kentucky, not
inconsistent with the acts of this convention, and the establishment of this
government, and the laws which may be enacted by the governor and council,
shall be the laws of this State.
Sec. 15. That whenever the governor and council shall have
concluded a treaty with the Confederate States of America, for the admission of
this State into the Confederate Government, the governor and council shall
elect two Senators, and provide by law for the election of members of the House
of Representatives in Congress,
Sec. 16. The provisional government hereby
established shall be located at Bowling Green, Ky., but the governor and
council shall have power to meet at any other place that they may consider
appropriate.
Done at Russellville, in the State of Kentucky, this 20th
day of November, in the year of our Lord 1861.
(Signed)
H. C. BURNETT,
President of the
convention, and member from Trigg County.
R. McKEE,
Secretary, and
member from Louisville.
T. L. BURNETT,
Assistant secretary,
and member from Spencer County.
T. S. BRYAN,
Assistant secretary,
and member from Christian County.
W. M. COFFEE, of Ballard County.
A. D. KINGMAN.
W. J. LUNSFORD.
3. J. CUNNINGHAM, of Grayson County.
JOHN J. GREEN.
J. P. BURNSIDE.
GEORGE W. MAXSON.
ROBERT S. FORD, of Hardin County.
WILLIAM JOHNSTON, of Hardin County.
WILLIAM W. THOMPSON, of Hart County.
W. S. SHOWDY, of Hart County.
J. J. GROVES, of Hart County.
J. W. CROCK KTT, of Henderson County.
B. W. JENKINS, of Henry County.
L. M. LOWE, of Hopkins County.
GREEN MALCOLM, of Jefferson County.
B. K. IIORNSBY, of Jefferson County.
WILLIAM K. DANIEL, of Jessamine County.
D. P. BUCKNER, of Kenton County.
C. BENNETT, of Livingston County.
C. N. PENDLETON, of Logan County.
JAMES M. BEALL, of Logan County.
JOHN W. MALONE, of Logan County.
E. D. RICKETTS, of Louisville, First district.
J. A. PENTON, of Louisville, Second district.
GEORGE P. TALBOT, of Louisville, Third district.
J. G. P. HOOE, of Louisville, Fourth district.
H. W. BRUCE, of Louisville, Fourth district.
R. McKEE, of Louisville, Fourth district.
R. L. COBB, of Lyon County.
WILLIS B. MACHKN, of Lyon County.
GEORGE R. MERRITT, of Lyon County.
J. C. GILBERT, of Marshall County.
WILLIAM E. RAY, of Marion County.
L. M. RAY, of Marion County.
MICHAEL McARTY, of Marion County.
JOHN BURNAM, of Warren County.
J. H. D. McKEE, of Anderson County.
JAMES A. McBRAYER, of Anderson County.
W. TOWSLEY, of Ballard County.
J. P. BATES, of Barren County.
R. W. THOMAS, of Barren County.
N. A. SMITH, of Barren County.
W. K. EDMUNDS, of Barren County.
C. W. PARRISH, of Barren County.
J. W. EYARTS, of Barren County.
WILLIAM F. BELL, of Barren County.
S. S. SCOTT, of Barren County.
W. R. CUNNINGHAM, of Bourbon County.
SAMUEL H. McBRIDE, of Boyle County.
DORSEY B. BOWERS.
WILLIAM N. GAITHER.
JAMES W. MOORE.
HARDY S. LYPERT.
L. K. CHILTON.
JOHN J. THOMAS.
ROBERT McKEE.
STEPHEN EDWARDS.
P. C. BARNETT.
D. MATHEWSON, of Galloway County.
P. S. HAMLIN, of Galloway County.
T. M. JONES, of Galloway County.
ALEXANDER WESSON, of Galloway County.
FRANCIS W. DODDS, of Galloway County.
WILLIAM T. MATHES, of Galloway County.
C. A. DUNCAN, of Galloway County.
A. J. HOLLAND, of Galloway County.
H. L. GILTNER, of Galloway County.
THOMAS T. BARRETT.
ROBERT J. BRECKINRIDGE.
J. S. GIBBON.
R. B. ALEXANDER.
E. R. WOODWARD, of Metcalfe County.
E. M. BRUCE, of Nicholas County.
J. J. CONOVER, of Owen County.
OWEN DORSEY, of Oldham County.
GEORGE W. JOHNSON, of Scott County.
A. KEENE RICHARDS, of Scott County.
WILLIAM B. CLARK, of Simpson County.
B. W. WILLIAMS, of Simpson County.
T. L. BURNETT, of Spencer County.
J. A. RUSSELL, of Todd County.
W. B. HARRISON, of Todd County.
G. LINE, of Todd County.
H. H. POSTON, of Trigg County.
W. H. MURTRIE, of Trigs County.
ROBERT WOLDRIDGE, of Trigg County.
ANDREW CUNNINGHAM, Jr., of Trigg County.
J. Y. NEWKIRK, of Trimble County.
WILLIAM D. RAY.
WILLIAM J. PAYNE, of Union County.
S. D. BLACKBURN, of Warren County.
SANDFORD LYNE, of Woodford County.
JOHN W. ARNETT.
ROBERT A. BRECKENRIDGE, of Washington County.
WARREN LYTTLETON JENKINS, of Webster County.
THOMAS S. BRYAN, of Christian County.
J. F. BELL, of Galloway County.
A. R. BOONE, of Graves County.
H. M. ROSE, of Graves County.
J. A. PERTLE, of Graves County.
J. D. SCAFF, of Graves County.
JOHN RIDGWAY, of Graves County.
BLANTON DUNCAN, of Louisville.
PHILIP B. THOMPSON, of Mercer County.
Z. McDANIEL, of Monroe County.
W. N. WAND, of Muhlenburgh County.
A. F. WILLIAMS, of McCroskin County.
JOHN M. JOHNSON, of McCroskin County.
WILLIAM G. BULL1TT, of McCroskin County.
H. H. HUSTON, of McCroskin County.
JOHN Q. A. KING, of McCroskin County.
WILLIAM E. MINER, of Nelson County.
JOHN C. BRODHEAD, of Nelson County.
JOHN J. DENNIS, of Calhoun, McLean County.
J. L. GREGORY, of Calhoun, McLean County.
SOURCE: Journal of the Congress of the Confederate States of
America, Vol. 1, p. 537-40
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