Diary of John Beauchamp Jones: April 7, 1863

Nothing definite has transpired at Charleston, or if so, we have not received information of it yet.

From the West, we have accounts, from Northern papers, of the failure of the Yankee Yazoo expedition. That must have its effect.

Judge Campbell, Assistant Secretary of War, has decided in one instance (page 125, E. B. Conscript Bureau), that a paroled political prisoner, returning to the South, is not subject to conscription. This is in violation of an act of Congress, and general orders. It appears that grave judges are not all inflexibly just, and immaculately legal in their decisions. Col. Lay ordered the commandant of conscripts (Col. Shields) to give the man a protection, without any reason therefor.

It is now said large depots of provisions are being formed on the Rappahannock. This does not look like an indication of a retrograde movement on the part of Gen. Lee. Perhaps he will advance.

This afternoon dispatches were received from Charleston. Notwithstanding all the rumors relative to the hostile fleet being elsewhere, it is now certain that all the monitors, iron-clads, and transports have succeeded in passing the bar, and at the last accounts were in readiness to begin the attack. And Beauregard was prepared to receive it. To-morrow we shall have exciting intelligence. If we are to believe what we hear from South Carolinians, recently from Charleston (I do believe it), Charleston will not be taken. If the ground be taken, it will not be Charleston. If the forts fall, and our two rams be taken or destroyed, the defenders will still resist. Rifle-pits have been dug in the streets; and if driven from these, there are batteries beyond to sweep the streets, thus involving the enemy and the city in one common ruin.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 287-8

Diary of Gideon Welles: Tuesday, May 19, 1863

The case of Vallandigham, recently arrested by General Burnside, tried by court martial, convicted of something, and sentenced to Fort Warren, was before the Cabinet. It was an error on the part of Burnside. All regretted the arrest, but, having been made, every one wished he had been sent over the lines to the Rebels with whom he sympathizes. Until the subject is legitimately before us, and there is a necessity to act, there is no disposition to meddle with the case.

The New York Tribune of to-day has a communication on the Peterhoff mail question. It is neither so good nor so bad as it might have been. Am sorry to see it just at this time, and uncertain as to the author. Faxon names one of the correspondents of the Tribune, but while he may have forwarded the article he could not have written it.

Governor Sprague and Miss Kate Chase called this evening. I have been skeptical as to a match, but this means something. She is beautiful, or, more properly perhaps, interesting and impressive. He is rich and holds the position of Senator. Few young men have such advantages as he, and Miss Kate has talents and ambition sufficient for both.

I wrote and sent to Senator Sumner a denial of John Laird's statement in the British House of Commons. When he asserted that the Secretary of the American Navy, or the agent of the Secretary, applied to him to build vessels, or a vessel, he asserted what is not true, what he knows to be untrue. He is, in my opinion, a mercenary hypocrite without principle or honesty, as his words and works both show.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 306

Richard Realf to John Brown, July 6, 1857

Tabor, Iowa, July 6, 1857.

John Brown, Esq.

Dear Sir, — I arrived here to-day from Lawrence, bringing $150 minus my expenses up and down. These will amount to about $40, leaving you $110. Mr. Whitman could not, as you will see from his note signed “Edmunds,” spare you more; and the mule team you asked for could not be procured. I am sorry you have not arrived: I should like to have gone back with you. The Governor has instructed the Attorney-General of Kansas to enter a nolle prosequi in the case of the Free-State prisoners; so that you need be under no apprehension of insecurity as to yourself or the munitions you may bring with you. By writing a line to me or Mr. Whitman or Phillips at Lawrence immediately on your arrival here, we will come and meet you by way of Topeka. God speed you!

Truly,

Richard Realf.

SOURCE: Franklin B. Sanborn, The Life and Letters of John Brown, p. 398

Diary of John Beauchamp Jones: February 3, 1863

It appears that Gen. Pryor's force, 1500 strong, was attacked by the enemy, said to be 5000 in number, on the Blackwater. After some shelling and infantry firing, Gen. P. retired some eight miles, and was not pursued. Our loss was only fifty; it is said the enemy had 500 killed and wounded; but I know not how this was ascertained.

Gold in the North now brings 58 cents premium. Exchange sells at $1.75. Cotton at 96 cents per pound!

They are getting up a fine rumpus in the North over the imprisonment of an editor.

To-day, when conversing with Judge Perkins in relation to having a passport system established by law, he admitted the necessity, but despaired of its accomplishment. “For,” said he, “nothing can be done in Congress which has not the sanction of the Executive.” He meant, I thought, from his manner and tone, that the Executive branch of the government was omnipotent, having swallowed up the functions of the other co-ordinate branches. I cannot understand this, for the Executive has but little appointing patronage, the army being completely organized, having supplementary generals, and all officers, under the grade of brigadiers, being promoted as vacancies occur.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 254

Diary of John Beauchamp Jones: February 2, 1863

After the feat at Charleston, Gen. Beauregard and Commodore Ingraham invited the consuls resident to inspect the harbor, and they pronounced the blockade raised, no United States ship being seen off the coast. Then the general and the commodore issued a proclamation to the world that the port was open. If this be recognized, then the United States will have to give sixty days' notice before the port can be closed again to neutral powers; and by that time we can get supplies enough to suffice us for a year. Before night, however, some twenty blockaders were in sight of the bar. It is not a question of right, or of might, with France and England — but of inclination. Whenever they, or either of them, shall be disposed to relieve us, it can be done.

There was a fight near Suffolk yesterday, and it is reported that our troops repulsed the enemy.

The enemy's gun-boats returned to the bombardment of Fort McAlister, and met no success. They were driven off. But still, I fear the fort must succumb.

Senator Saulsbury, of Delaware, has been arrested by the Sergeant-at-Arms of the Senate, for his denunciation of Lincoln as an “imbecile.” And a Philadelphia editor has been imprisoned for alleged “sympathy with secessionists.” These arrests signify more battles — more blood.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 253-4

Lieutenant-General Ulysses S. Grant to Major-General John A. Dix, November 15, 1864

Head-quarters, Armies of the United States, City Point, Va.,

November 15, 1864.

Major-general J. A. Dix, Commanding Department of the East:

General, — I understand General Butler, while in New York, had one Mr. Bergholz, a citizen of Columbia, South Carolina, arrested and sent to Fort Hamilton. I have never seen Mr. B., but have heard from him and of him, and believe he is and always has been a friend of the Government. He is a German — Prussian, I think — who left the North for the South prior to the war, and, on account of having accumulated some property there, felt himself compelled to remain, until, fearing the conscription, probably, he has left. Before hearing that Mr. B. was in arrest I had sent a pass to him to visit me at my head-quarters, for the purpose of getting from him more particular or minute information upon matters in the South than that already received from him in writing.

If there are not special charges against him of which I know nothing, I wish you would have Mr. Bergholz released and permitted to visit me at head-quarters, without exacting from him an oath of allegiance.

Very respectfully, your obedient servant,

U. S. Grant, Lieutenant-general.

P.S. — I have no doubt but Mr. Bergholz may have had a permit to leave the South obtained solely on account of intimacy between himself and Mr. Trcnholm, the rebel Secretary of the Treasury.

U. S. G.

SOURCE: Morgan Dix, Memoirs of John Adams Dix, Volume 2, p. 95-6

Diary of William Howard Russell: May 27, 1861

I visited several of the local companies, their drill-grounds and parades; but few of the men were present, as nearly all are under orders to proceed to the camp at Tangipao or to march to Richmond. Privates and officers are busy in the sweltering streets purchasing necessaries for their journey. As one looks at the resolute, quick, angry faces around him, and hears but the single theme, he must feel the South will never yield to the North, unless as a nation which is beaten beneath the feet of a victorious enemy.

In every State there is only one voice audible. Hereafter, indeed, state jealousies may work their own way; but if words means anything, all the Southern people are determined to resist Mr. Lincoln's invasion as long as they have a man or a dollar. Still, there are certain hard facts which militate against the truth of their own assertions, “that they are united to a man, and prepared to fight to a man.” Only 15,000 are under arms out of the 50,000 men in the State of Louisiana liable to military service.

“Charges of abolitionism” appear in the reports of police cases in the papers every morning; and persons found guilty, not of expressing opinions against slavery, but of stating their belief that the Northerners will be successful, are sent to prison for six months. The accused are generally foreigners, or belong to the lower orders, who have got no interest in the support of slavery. The moral suasion of the lasso, of taring and feathering, head-shaving, ducking, and horseponds, deportation on rails, and similar ethical processes are highly in favor. As yet the North have not arrived at such an elevated view of the necessities of their position.

The New Orleans papers are facetious over their new mode of securing unanimity, and highly laud what they call “the course of instruction in the humane institution for the amelioration of the condition of Northern barbarians and abolition fanatics, presided over by Professor Henry Mitchell,” who, in other words, is the jailer of the work-house reformatory.

I dined at the Lake with Mr. Mure, General Lewis, Major Ranney, Mr. Duncan Kenner, a Mississippi planter, Mr. Claiborne, &c., and visited the club in the evening. Every night since I have been in New Orleans there have been one or two fires; to-night there were three — one a tremendous conflagration. When I inquired to what they were attributable, a gentleman who sat near me, bent over, and looking me straight in the face, said, in a low voice, “The slaves.” The flues, perhaps, and the system of stoves, may also bear some of the blame. There is great enthusiasm among the townspeople in consequence of the Washington artillery, a crack corps, furnished by the first people in New Orleans, being ordered off for Virginia.

SOURCE: William Howard Russell, My Diary North and South, p. 239-40

Diary of John Beauchamp Jones: May 2, 1862

An iniquitous looking prisoner was brought in to-day from Orange C. H., by the name of Robert Stewart. The evidence against him is as follows: He is a Pennsylvanian, though a resident of Virginia for a number of years, and owns a farm in Orange County. Since the series of disasters, and the seeming downward progress of our affairs, Stewart has cooled his ardor for independence. He has slunk from enrollment in the militia, and under the Conscription Act. And since the occupation of Fredericksburg by the enemy he has made use of such equivocal language as to convince his neighbors that his sympathies are wholly with the Northern invader.

A day or two since, near nightfall, three troopers, weary and worn, halted at Stewart's house and craved food and rest for themselves and horses. Stewart, supposing them to be Confederate soldiers, declared he had nothing they wanted, and that he was destitute of every description of refreshments. They said they were sorry for it, as it was a long ride to Fredericksburg.

“Are you Union soldiers?” asked Stewart, quickly.

“Yes,: said they, “and we are on scouting duty.”

“Come in! Come in! I have everything you want!” cried Stewart, and when they entered he embraced them.

A sumptuous repast was soon on the table, but the soldiers refused to eat! Surprised at this, Stewart demanded the reason; the troopers rose, and said they were Confederate soldiers, and it was their duty to arrest a traitor. They brought him hither. Will he, too, escape merited punishment?

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 122

Major Wilder Dwight: Friday Evening, November 29, 1861

Camp Near Seneca, November 29, 1861,

Friday Evening.

’T is a misty, moisty morning, and cloudy is the weather, — a hunting morning, with no game, however. Mr. Motley and Frank and Mr. Robeson will tempt Providence and trust the rebel highway soon on their way to Washington. I must send you a line by them. As I hoped, and wrote, Wednesday afternoon brought the Colonel and his party. I was sorry that our bright, clear weather lowered just before their arrival; and cheerlessness overspread the camp at nightfall, when they arrived. It was pleasant to see them. Their visit has been an agreeable one to us, though probably not full of exciting pleasure to them. I have got both your letters, — the one brought by Mr. Motley and the one sent by you on Saturday. Your Thanksgiving was as I had fancied it, and I am glad to get your bright and faithful picture of it. You will have received, ere this, my account of the steady improvement of the regiment. You will know, too, that I am now in perfect health myself, and I beg that you will put aside all anxiety on my account. As for coming home, it is now out of the question. I cannot pretend to have felt anything of “that stern joy which warriors feel in foemen worthy of their steel,” — but I have a calm content in the presence of hardship and discomfort, and in resistance to those influences which assail the efficiency of “the best regiment in the service.” Again, I feel a satisfaction in knowing that I am, and have always been,” reported, according to military phrase, “for duty” on the morning regimental report! Just at the moment when the duty ceases to be pleasant, I do not wish to have that report changed. I am aware that these are selfish reasons, and I know also that it is quite likely things will go well enough without me. But here I am, and here I stay, for the present. Colonel Andrews will go on Monday, I hope. Besides, our Examining Board has been waiting for me to be relieved from command of the regiment to commence its sittings, and so I could not get leave to go. Voilà des difficultes. Mr. Motley can assure you of my perfect health. Indeed, I do not think it would improve it to run home. It would certainly change my settled feeling into an unsettled one, and so, again, the consequence follows. I think that, to go to a Thanksgiving party at Mrs. ——'s, and have a chat with Mrs. ——, or to dine with and his wife, or to see another pretty Miss ——, or to bid C—— good by as he starts out, a gay cavalier, to escort his cousin to the dance, or to sit in the parlor of an evening at home, would be fragrant flowers of delight; but then, how soon they would fade, and what a withered nosegay should I bring back to camp with me!

But I also feel that it would be a galling irritant to go home. The Colonel says you are not awake to the war in Boston. Tameness, irresolution, pity for “political prisoners,” — that is, traitors and felons, — talk of restoration by concession, pratings of a speedy advance on the Potomac, unmilitary plans for military movements, etc., etc. I have got anything but a pleasant picture of the tone of things at home. Upon my word, I think it would have a bad effect upon the equanimity which I cultivate and desire, to go about much at home. When events, whose progress and logic are unanswerable and persistent, have unravelled the tangled web of your mystification, and taught the good Boston people all about war, then, perhaps, it will be safe for one intent on its prosecution and longing for its results to breathe the enervating airs of your placid paradise. Till then, my voice is still for war. Everything here seems to be going pretty well. Camp life has no changes and few incidents to amuse you.

SOURCE: Elizabeth Amelia Dwight, Editor, Life and Letters of Wilder Dwight: Lieut.-Col. Second Mass. Inf. Vols., p. 159-61

Major-General John A. Dix to Brigadier-General Joseph K. F. Mansfield, August 16, 1862

Head quarters, Seventh Army Corps, Fort Monroe, Va.,

August 16,1862.

Brigadier-general J. K. [F.] Mansfield, commanding at Suffolk:

General,—I have received your letter of the 14th instant, with a list of prisoners sent by you to Fort Wool, and a brief statement of the charges against them. This is the first specification of their offences I have seen, and I know that several citizens have been sent here without any memorandum of the causes for which they were imprisoned.

The crimes specified by you as having been committed by Secessionists in general deserve any punishment we may think proper to inflict. But the first question is, in every case of imprisonment, whether the party has actually been guilty of any offence; and this is a question to be decided upon proper evidence. If the guilt is not clearly shown the accused should be released. There is nothing in your position or mine which can excuse either of us for depriving any man of his liberty without a full and impartial examination. My duties are at least as arduous as yours, and I have never shrunk from the labor of a personal examination of every case of imprisonment for which I am responsible.

In regard to arrests in your command, there was at least one, and I think more, for which there was not, in my judgment, the slightest cause. I speak from a personal examination of them. The arrests were made without your order, as I understood, but acquiesced in by you subsequently. The parties referred to were released nearly a month ago. Had I not looked into their cases they would, no doubt, have been in prison at this very moment. When Judge Pierrepont and I examined the cases of political prisoners in their various places of custody from Washington to Fort Warren, we found persons arrested by military officers who had been overlooked, and who had been lying in prison for months without any just cause. For this reason, as well as on general principles of justice and humanity, I must insist that every person arrested shall have a prompt examination, and, if it is considered a proper case for imprisonment, that the testimony shall be taken under oath, and the record sent, with the accused, to the officer who is to have the custody of him. This is especially necessary when the commitment is made by a military commission, and the party accused is sent to a distance and placed, like the prisoners at Fort Wool, under the immediate supervision of the commanding officer of the Department or Army Corps. The only proper exception to the rule is where persons are temporarily detained during military movements, in order that they may not give information to the enemy. I consider it my duty to go once in three or four weeks to the places of imprisonment within my command, inquire into the causes of arrest, and discharge all prisoners against whom charges, sustained by satisfactory proof, are not on file. I did not enter into a minute examination of the prisoners sent here by your order, nor did I release any one of them, but referred the whole matter to you for explanation; and it is proper to suggest that an imputation of undue susceptibility on my part, or a general reprobation of the conduct of faithless citizens, for whom when their guilt is clearly shown I have quite as little sympathy as yourself, is not an answer to the question of culpability in special cases. The paper you sent me is very well as far as it goes, but it is no more complete, without a transcript of the evidence on which the allegations are founded, than a memorandum of the crime and the sentence of a military prisoner would be without the record of the proceedings of the Court. You will please, therefore, send to me the testimony taken by the military commissions before whom the examination was made.

It is proper to remark here that a military commission not appointed by the commanding General of the Army or the Army Corps is a mere court of inquiry, and its proceedings can only be regarded in the light of information for the guidance of the officer who institutes it, and on whom the whole responsibility of any action under them must, from the necessity of the case, devolve.

In regard to persons whom you think right to arrest and detain under your immediate direction I have nothing to say. You are personally responsible for them; and, as your attention will be frequently called to them, the duration of their imprisonment will be likely to be influenced by considerations which might be overlooked if they were at a distance. I am, therefore, quite willing to leave them in your hands. But when a prisoner is sent here, and comes under my immediate observation and care, I wish the whole case to be presented to me.

The Engineer Department has called on me to remove the prisoners from Fort Wool, that the work may not be interrupted. I have sent away all the military prisoners, and wish to dispose of those who are confined for political causes. When I have received from you a full report of the cases which arose under your command I will dispose of them, and send to you all the persons whom I do not release. Or, if you prefer it — and it would be much more satisfactory to me — I will send them all to you without going into any examination myself, and leave it to you to dispose of them as you think right. If you have no suitable guard-house, there is a jail near your head-quarters, where they may be securely confined.

I am, respectfully, your obedient servant,

john A. Dix.

SOURCE: Morgan Dix, Memoirs of John Adams Dix, Volume 2, p. 44-6

Executive Order, No. 2, Relating to Political Prisoners, February 27, 1862

Executive Order, No. 2, Relating to Political Prisoners.

WAR DEPARTMENT, Washington, February 27, 1862.

IT IS ORDERED:

First. That a special commission of two persons, one of military rank and the other in civil life, be appointed to examine the cases of the state prisoners remaining in the military custody of the United States and to determine whether in view of the public safety and the existing rebellion they should be discharged or remain in military custody or be remitted to the civil tribunals for trial.

Second. That Maj. Gen. John A. Dix, commanding in Baltimore, and the Hon. Edwards Pierrepont, of New York, be and they are hereby appointed commissioners for the purposes above mentioned, and they are authorized to examine, hear and determine the cases aforesaid ex parte and in a summary manner at such times and places as in their discretion they may appoint and make full report to the War Department.

By order of the President:

 EDWIN M. STANTON,

Secretary of War.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 2 (Serial No. 115), p. 249; Morgan Dix, Memoirs of John Adams Dix, Volume 2, p. 42

1st Lieutenant Charles Fessenden Morse, July 24, 1861

July 24, Wednesday.

A moment after I stopped writing, I was busy ordering tents struck, wagons packed, and everything got ready for a start. We were almost prepared to move, when General Patterson got a dispatch from General Scott ordering him to stay where he was; so unpack wagons, pitch tents, was the order. We were generally glad of it, as it would have looked as if it were a regular runaway, and we haven't got over feeling sore at not getting to Winchester and giving General Johnston a try.

My story left off at Charlestown, where we were last Thursday. About noon, our regiment received orders to march at half-past three P. M., on detached service. Everything was moving at the appointed time. We marched out in good spirits, but with empty stomachs. After traveling about a mile, we were informed that we were going to Harper's Ferry to hold the place. I was assigned the honorable command of the rear guard. We had a very pleasant march of eight miles through some of the finest scenery I ever saw. We met with quite a reception in the town; men, women and children cheering us, waving flags, and evidently overjoyed to see United States troops again. We camped on a high bluff just over the Potomac, and proceeded to put the town in a state of martial law, taking several leading secessionists prisoners. Here we got plenty to eat; my first purchase was a gallon of milk; Captain Curtis and myself drank the whole of it before we lay down for the night. The next day we had a good rest. Captain Curtis picked up, during the day, information of a party of troopers that were camped over the other side of the Shenandoah, and obtained permission to take me and forty men and find them, if we could, that night. We called our men out at twelve and started. It was very dark, and there was a severe thunderstorm. We were ferried across the Shenandoah, and scouted all over the mountains, visiting every farm-house and barn, but we found we were just too late, as they had left, suspecting our approach. We got back to camp at eight or nine o'clock, wet and tired, having traveled some ten miles over the roughest possible roads.

SOURCE: Charles Fessenden Morse, Letters Written During the Civil War, 1861-1865, p. 9-10

Lieutenant-General James Longstreet to General Robert E. Lee, March 1, 1865

HEADQUARTERS FIRST ARMY CORPS,

March 1, 1865.

General R. E. LEE,

Commanding:

GENERAL: I neglected to mention in my letter just finished that General Ord expressed some apprehension for General Grant lest there might be some misunderstanding in regard to the exchange of political prisoners. The terms were general for the exchange of this class of prisoners, but were not intended by him, he says, to include such as were under charges for capital offenses. General Grant desired that you should be advised of this construction of the terms.

I remain, very respectfully, your most obedient servant,

J. LONGSTREET,

Lieutenant-General.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 46, Part 2 (Serial No. 96), p. 1276; James Longstreet, From Manassas to Appomattox, p. 648-9

Secession Ordinance of Kentucky

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

Affairs at St. Louis -- Vigorous Measures of Gen. Halleck

ST. LOUIS, Jan. 24. – Several of the Secessionists of this city who were recently assessed for the benefit of the South western fugitives by order of Gen. Halleck, having failed to pay their assessments, their property has been seized within a day or two past, under execution to satisfy the assessment with 25 per cent additional, according to General Order No. 24.

Samuel Eugler a prominent merchant and one of the assessed had a writ replevin  served on the Provost Marshal General for property seized from him, whereupon he and his Attorney, Nathaniel Cox, were arrested and lodged in the military prison.  To-day Gen. Halleck issued an order directing the Provost Marshal General to send the said Eugler beyond the limits of the department of Missouri and notify him not to return without permission from the Commanding General, under the penalty of being punished according to the laws of war.  Gen. Halleck also adds: Martial Law having been declared in this city by authority of the President of the United States all civil authorities of whatsoever name or office are hereby notified that any attempt on their part to interfere with the execution of any order served from these head quarters or impede, molest or trouble any officer duly appointed to carry such order into effect, will be regarded as a military offense and punished accordingly.  The Provost Marshal General will arrest each and every person of whatever rank or office, who attempts in any way to prevent or interfere with the execution of any order issued from these Head Quarters.  He will call upon the Commanding Officer of the Department of St. Louis for any military assistance he may require.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, February 1, 1862, p. 4

Rebel Released

WASHINGTON, March 23. – Mrs. Morris, of Baltimore, who was arrested on the belief that she had been engaged in treasonable correspondence with the rebels, has been released on parole not to tender aid to the enemies of the United States.  Letters were found in her possession from Southerners in France.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 29, 1862, p. 4

A Review

WASHINGTON, March 25. – Several state prisoners were released to-day on taking the oath of allegiance.

McDowell’s Corps was reviewed by McClellan.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 29, 1862, p. 3

Chicago Specials

CHICAGO, March 18. – Special Washington dispatches to Times, 17th, says: Lieut. Worden continues to suffer much from the late engagement, though by no means will he lose his eyes.

The House concluded the twelfth section of the tax bill to-day, thus far amending every section.  Several delegations for various interests were before the committee to-day.

Tribune dispatch from Washington, 17th, says:

The Senate to-day confirmed the following Generals: Brown, Gorman, Palmer, A. J. Price, Linsley, Terry, Berry.

Military Committee reported favorably on Gen. Asboth.  Gen. Lockwood is still suspended.

Accounts from Burnside render it certain that he knew of the evacuation of Manassas, and that his forces were out of harm’s way, and at the same time dealing blows to rebellion at important points.

All on board the Cumberland went down with her, except those saved by swimming and boats from Newport News.

Gen. Dix and Judge Pierpont, Commissioners to take ex parte testimony in the cases of political prisoners, met at the State Department to-day.  The first cases are those in the Old Capital, then Forts Warren and Lafayette.

The nearest rebel troops in force are near Warrenton Junction.  Gen. Stoneman with cavalry and infantry, drove the rebel pickets over Cedar Run, one and a half miles this side of Warrenton, where they joined their body.

The roads from Manassas are said to be strewed line the roads hither from Bull Run.

The tax on newspaper advertising is made three instead of five per cent., and not net instead of gross receipts.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 22, 1862, p. 4

Washington Items

WASHINGTON, March 17. – Gen. Fremont has had an interview with the President and the Secretary of war.  He will press his affairs promptly starting to his department.  His staff will therefore be determined on at an early day.  His headquarters will be in the field.  Colonel Shanks, of the House of Representatives, will accompany him as soon as his duties will permit.

A large number of applications have been made by volunteer officers to be appointed to the regular army, but these have been unsuccessful, among other reasons the difficulty of discriminating as to the relative merits of the applicants.

The Senate was four hours in Executive Session to-day and confirmed the following nominations for Brigadier-Generals of volunteers:

Major Wm. F. Barry, Chief of Artillery and Aid to Gen. McClellan’s Staff; Willis A. Gorman, of Minnesota; Col. Schuyler Hamilton, Thomas L. Price, Member of Congress from Missouri Major Jas. N. Hamor, 5th Cavalry, Lieut. Col. Wm. H. Emory, 6th cavalry, Major Andrew J. Smith, 5th cavalry, Moritena L. Patrick, of New Jersey, Isaac F. Arndy, of New Jersey, Otis S. Fry, of Connecticut, Herman G. Berry, of Maine.

WASHINGTON, March 17. – The Clothing Inspection Board concluded its labors to-day and showed its report to the Quarter Master General.  Over two million dollars worth of clothing was condemned.  The testimony taken revealed gross frauds perpetrated against the Government.  These frauds are consequent upon collusion between contractors and manufacturers.

The Monitor is lying in wait for the Merrimac at Fort Monroe.

Com. Goldsboro had received intelligence from the Burnside Expedition.  It was still pursuing its plans, having accomplished everything which it set out to do.  It was just on the eve of making an attack on Newbern.

The Commission to inquire into the cases of political prisoners met at 12 o’clock to-day and the following matters were settled as to its course of action.  The examination will be secret and exparte statements will be received exclusively as to the prisoners held here.  The Commission will adjourn from place to place, examining the prisoners at the localities of their confinement.

WASHINGTON, March 18. – The President has made the following appointments of Cadets at West Point.

Edward W. Baker, Illinois; Steward S. Bayless, Kentucky; Wm. H. Uppenwas, Henry Winter, Jr., Edward Sharp, Mo.; Erastus Gaines, Ill.; Chas. Woodson, Baltimore, also Richard Taylor Churchill, District of Columbia.  The last mentioned is a son of the late Captain Churchill, U. S. A., who died in the service in Mexico.

The Supreme Court has decided after an elaborate argument two cases, namely, the United States against Lysander Babbitt and the United States against Robert Coles in favor of settling them in that the Registers and Receivers of public lands cannot return the fees on military bounty land warrants beyond the compensation of $3,000 per annum, to which they were limited by act of 1818.  This decision of a long contested question saves the Government nearly a million of dollars.  The argument on behalf of the Government was prepared and conducted by Assistant Adjutant General Coffin.

It is reported that there are numerous Railroad Representatives here preparing applications to Congress for pecuniary assistance to complete the present lines and open new routes, to an amount, exceeding in the aggregate of fifteen million dollars.  An effort will be made to induce congress to aid their plans either by the government endorsing their bonds, or in the shape of a donation upon the ground of national necessity.

Information received at the State Department indicates a very vigorous re-action against Gen. Mosquara.  Neither the Government of the U. States, or that of Great Britain have ever recognized that government.

Brig. Gen. Burnside was this p.m. confirmed by the Senate as Maj. General of Volunteers.

Diplomatic critics are seriously disturbed by the authentic news received from Cuba, announcing a serious misunderstanding between the allied powers in Mexico.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 22, 1862, p. 4