. j)3^ ^01 \/ ^N JVDDRESS y /if 69 PEOPLE AND CONGRESS . OF T(I£ ^' LOUISVILLE, KENTUCKY: PItlNTED AT THE OFFICE OF TIIF DEMOCRAT TO THE PEOPLE AND CONGRESS OF THE UNITED STATES. In response to numerous inquiries addressed to ua from every quarter, we ask leave to submit to the people of the United States the following paper, in explanation of ihe canvass which preceded the recent election in Kentucky, and of the causes which led to its most unexpected result — unex- pected not 30 much by ourselves who had from sad experience already learned the extreme and desperate character of the measures that would be resorted to by the Administration party to suppress the voice of our people, as by those of you who, living in less troubled regions, had not realized the extent to which a determination to retain power would lead its possessors. In the last days of August, 1862, the Hon. Beriah Magoffin resigned his office as Governor of the State of Kentucky. From causes into which it is not necessary now to enter, he had incurred the suspicion of a great ma- jority of the Union party, and through the Legislature, they had succeeded in divesting him of all real power in the Government. The Executive con- trol of the State had rapidly fallen into the hands of the military officers of the United States, and for months the people had been subject to martial law in all its oppressiveness, without its declaration in form. Under these circumstances, and for the purpose of relieving the people, and especially that portion of them known as '-Southern Rights Men," who had been the peculiar objects of persecution, Mr. Magoffin in a published letter declared his willingness to resign whenever he could be assured of the selection of a successor of conservative views, who, commanding the confidence at the same time of the Administration at Washington and of the people of Ken- tucky, would be able and willing to secure every peaceful citizen in the exercise of the rights guaranteed to him by the Constitution and laws. The Honorable James F. Robinson, then a member of the Senate, was indicated to him, and he consented to resign in his favor. The then Speaker of the Senate resigned, and Mr. Robinson having been elected in his stead, be- came by virtue of his office the acting Governor of the State upon the resig- nation of Mr. Magoffin. The new Governor was, from the beginning, fully informed of the character and purpose of the negotiation which paved the 4 ADDRESS. way to his succession, and he entered upon the discharge df his duties with the Vjesl wishes of the great mass of our people. These events gave rise to (he most pleasing anticipations, wliich were strengthened by the first acts of ilie new regime. Early in September the State was invaded by Confederate troops, who held possession for six weeks of the greater portion of its territory. The people, content with, and hope- ful of the new order of things, gave them little encouragement and but few recruits, so that by the first of November they were driven from our borders IJiit contrary to all our hopes, winter brought with it a renewal of milifar}- government ; orders issuing from military officers of every grade imposed daily more stringent regulations upon our commerce with other loyal Stiites; wider signification was given to the term "disloyal,' by which the victims were marked out for oppression; arrests without warrant and im- prisonment without trial became once more the established system of jus tice; the property of suspected persons was again seized and appropriated to the use of the army without compensation; the civil power was of course to be not more efleciive in the hands of .Mr. Robinson than in those of his predecessor, and spring found the rigltis of person .md property even more insecure than in the darkest hours of the previous year. The Legislature, composed mainly of the personal and political friends of Governor Robinson, during their session in the winter, had passed reso- lutions of a strongly conservative character, in which they deilnred, among other things: 1st. That our institutions are assailed by an armed rel)ellion on one side, which can onl}' he met by the sword, and on the other by unconstitutional acts of Congrexx and stdrliing usurpations of power b^- the Executive, which we have seen by experience can be corrected by the ballot box. 2. That Iventucky is and ever has been loyal to the Government of the United States. 3. That we recognize a mmilest dilierence between any administration of the Government and the Government itself. 4. Solemnly protests against the om:incip.ation proclamation as unwise, unconstituiional and void. 5. That the power recently assumed by the Preside.nt, whereby, under the guise of military necessity, lie has proclaimed and extended martial law over States Avhere war doet not exist ami has suspended the writ of habeas corpus is unwarranted by the Constitution, !\nd its tendency is to subordinate civil to military anthoriiy, and to subvert constiluTional and free government. tS. Tiuit Kentucky will adhere to the Constitution ;iu 1 the Union as (he best, and it may be the last, hope of popular freedom . •.». Hails with manifest pleasure the recent manifestation of conserv-itive sentiment amoung the people of the non-slaveliolding States. 10. Recommends the call of a National Convention to propose amend- ments to the (^institution. 11. Declares that the laws of this State must lie maintained and enforced, and that it is the duty of the constituted authorities of the State to see to it that by all constitutional means this indispensable end shall be attained. These resolutions were signed and approved by the Governor. In Februar3' the Central Committee of the Democratic party, appointed some years since under its old organization, issued a call for a convention to meet in Frankfort, to nominate candidates for the various offices to be tilled at the August election. With this call we had no connection, and we neither attended the meeting nor approved of its expected action. Upon its assemblage, and before an}' business had been transacted, the meeting was dispersed by Col. Gilbert, then commanding a regiment of United Slates troops at Frankfort. The Convention of the so-called "Union Democratic" party met in Louis- ville on the 18th of March. One of their first acts was to refuse a hearing to a Northern Democrat — the Hon. Mr. Cravens, of Indiana — a member of that great party whose manifestations of conservative sentiment had so recently been hailed with pleasure by the Legislature. They readopted as part of their platform all the resolutions passed b}' the Legislature, and nominated as their candidate the Hon. J. F. Bell. After long hesitation, Mr. Boll declined the candidacj', and the Central Committee of his party substituted in his stead Mr. Bramlctte, who had been the frequent recipient of office from the Administration, and had been generally regarded as a supporter of its policy. Under these circumstances, and early in the month of June, a letter was written by one of us residing in the interior of the State to another re- siding in Louisville, in which it was suggested that a meeting of conserva- tive Union men should be called, for the purpose of consultation as to the proper course to be pursued by them. Before our meeting was held, Mr. Bramlette had already taken the stump and though the newspapers of his party exercised a prudent caution in refraining from publishing a report or even a notice of his speeches, we were not without information of their character. The platform of that party to which he owed his nomination denounced as startling usurpations of power the nuspension of the writ of habeas corpus and the extension of martial law over States where war did not exist. We learned that on the contrary, Mr. Bramlette maintained in argument the rightfulness of these measures. The platform denounced the emancipation proclamation as unwise, uncon- stitutional and void. Mr. Bramlette contended that it was valid as a war measure, though he rrgarded it as impolitic. The platform hailed with pleasure the recent mauifestations of conservative sentiment at the North, while Mr. Bramlette denounced those whom he derisively termed Constitu- tional Union men quite ivs violently as the Secessionists, and finally, he threatened with the tendei- mercies of the provost marshal all such malig- nants as should perversely recuse to vote for him, even though he was without a competitor. Under these circumstances, it will surprise no one that on meeting we found ourselves agreed in approving, with some exceptions, the resolutions of the "Union Demociutic" Convention, but equally agreed in distrusting the sincerity of the men by whom the resolutions had been adopted, and g AbBftEa particularly of the candidate hy whom, if at all, tHey Wer6 lo be enforced. We therefore determined to present a ticket in opposition, and agreeing without difiicnliy upon the principles by which our candidate should be guided, we addressed to the Hon. Charles A. Wickliffe the letter which will be found in our appendix, marked No. 1. That letter fully explains our purpose and our policy. Whether they were "disloyal' in any sense of that much-abused term, we leave to every candid reader to determine for himself. Mr. Wickliffe, in a published letter expressed his hearty concurrence in our views. He accepted with reluctance the position we had assigned him, and we proceeded to place a full ticket in the field. Few did more than Mr. Wickliffe to maintain the fidelity of Kentucky to the Constitution and Government of the United States, and he has not changed his principles or policy. We were at once assailed by the Administration press with every species of misrepresentation and abuse. Not daring to assail any position taken in our letter to Mr. Wickliffe (which they refused to publish), they adopted the safer course of attributing to us purposes which they knew we did not entertain. Though it was perfectly well known to them that we, the sign- ers of that paper, had been active and consistent members of the Union party, when such a position was accompanied with some danger and no prospect of advantage, we were denounced as Secessionists in disguise, at a time when secession, partly through our own efforts, had become a dead issue in Kentucky. We had but a single newspaper in the State to advocate our cause. We could not attempt an active canvass of the State, for we were well aware that such a canvass would expose to the Administration party its perilous position, and thus precipitate that military interference in the election which we were most anxious to avoid. In this manner and from these causes many persons in the State — many more abroad — were led into a misapprehension of our purposes, and made to believe that secession was our real aim. Knowing our strength, however, we were content to lose a few of our friends for the time, in the hope of securing a free elec- tion, which would give us the means of recovering them by a development of our true policy. (It Is very frankly admitted that we hoped and expected to obtain the support of the great mass of the Southern Rights men of the State. They were for the most part Democrats of long standing. Though classed by the adherents of the Administration as " disloyal," the great majority of them were not Secessionists, and were entirely free from all complicity in the rebellion. So far from esteeming it a fault of which we should be ashamed, we regarded the effort to conciliate them, if it could be done with- out a sacrifice of principle on either side, as highly meritorious; and we now gratefully acknowledge the cordial support which that portion of our fellow-citizens were ready and anxious to yield to our platform and candi- date whenever permitted to do so. Would to God that all the citizens of our once happy country could be brought to agree and be satisfied. If the wildest Seceesionist in South Carolina could be induced to give his support to the principles enunciated in our letter to Mr. Wicklifl'e, who would not regard the occurrence as one worthy of general rejoicing?) In a short time it became evident that misrepresentation alone was not sufficient to secure our defeat, and Messrs. Wolfe and Trimble, our candi- dates for Congress in the First and Fifth Districts, and Mr. Martin, candi- date for the Legislature in Lyon and Livingston counties, were arrested by Provost Marshals. The first named gentleman was speedily released on parole, and the two last were carried to Henderson, a considerable distance from their homes, and there detained until the election was over. On the 10th day of July, Gov. Ilobinson issued the proclamation which will be found in the Appendix, marked No. 2. It had never before occurred to a Governor of Kentucky that it was necessary to remind the judges of election by proclamation of the duties enjoined upon them by the laws of the State. They had always been presumed to know their duty, and been left free to discharge it without executive interference. The expatriation act to which he called their attention had been printed with the other acts of the Legislature and circulated by public authority in every county of the State. It had been published in every newspaper, and the provisions of no law were more widely known to our people. Why it should have been thought proper to depart from the established custom in this instance, or why, when such departure was determined upon as now necessary for the first time, the proclamation should have failed to embody for the informa- tion and guidance of the judges those other laws which forbid any inter- ference with the freedom of elections, and denounce severe penalties upon any judge who should refuse to receive the vote of a legally qualified elec- tor, are questions which we leave the reader at liberty to decide for himself, after learning all the facts attending and following the issue of the paper. On the Slst day of July, General Burnside issued his proclamation (Ap- pendix, No. 2) placing the State under martial law, for the purpose, as he declared, " of preserving the purity of elections as defined in the late proc- lamation of his Excellency, the Governor of Kentucky."' The reason assigned by Gen. Burnside for the issuance of his proclamation that "the State of Kentucky is invaded by a rebel force with the avowed purpose " of controlliug the elections, was a mere pretext, without real foundation, though we have reason to believe that such information was conveyed to the General by citizens of this State, acting on behalf of the Administra- tion party. The "invaders" to whom he referred were a flying body of cavalry less than one thousand in number, known to be in rapid retreat at the time the proclamation was issued, and were all actually out of the State before the election began. Upon the most careful inquiry we have been unable to ascertain that they avowed any such purpose as was attributed to them, nor do wc believe that they did so. But the avowal of such an intention by such a body of men, even had it been made, would have been an idle and ridiculous boast to which it is impossible General Burnside could have attached any import- ance. That one thousand marauders should seriously contemplate a con- trol of the election in a State containing one hundred and ten counties, inhabited by one hundred and eighty thousand voters, and pro/cctcd hy more than fifty thousand soldiers of the United States, i.s an absurdity so glaring that Gen. Burnside must pardon us for believing that it could not have gulled even him! In quick succession preceding or following the declaration of martial law, came the different orders in the appendix numbered from four to twelve. Many others of similar character were issued, but these are a fair sample of the whol«. These orders, differing in their details, may be briefly summed up as presenting the following points: 1. By way of precaution the people are informed that whenever any property is needed for the use of the United Slates Army, it will be taken from rebel syinpathizers, and receipts given for the same, marked "disloyp.I, ' and to be paid at the end of th« war, on proof that the holder is a loyal man. 2. Rebel sympathizers are defined to be not only those who arc in favor of secession, but also those who are not in favor of a vigorous prosecution of the war and of furnishing men and money unconditionally for that, pur- pose. "Loyalty" is to be proved by the vote given at the election. 3. County .Judges are required to appoint none but "loyal" men as judges of election, notwithstanding the provisions of our law, which re- quires the officers of election to be taken equally from each political party. 4. Persons offering to vote, whose votes may be rejected by the judges, are notified that they will be immediately arrested by the military. 5. The judges of election are notified that they will be arrested and held responsible by the military, should they permit any disloyal men to vote. tj. The Democratic ticket is struck from the poll books at many points, as being composed of disloyal men. 7. Oaths unknown to the Constitution and laws arc required to be taken by voters and judges. A careful perusal of the orders themselves will show that they have not been misrepresented in this summary. Examine carefully, fellow-citizens- we beseech you, the picture which they present. The Governor of Ken- tucky caUs the attention of the judges to a single one of many laws which define their duty, and that one a law whose rigid enforcement was supposed to be beneficial to his own political party and injurio\is only to his opponents. General Burnside enforces the proclamation for the purpose of preserving the purity of elections, and (while himself threatening the judges of elec- tion should they permit a disloyal vote to be cast) directs that the soldier shall interfere no further than may be necessary to enable the judges to dis- charge their duties under the laws of Kentucky. His subonlinatcs threaten the judges and voters with confiscation, arrest and imprisonment, and actu- ally publish their orders and carry out their threats without punishment from the General or remonstrance from the Governor. In addition to all this there was at work beneath the surface a potent ma- chinery, whose labors could be traced only by results, for the work was done in darkness and in secret. In every city, town and considerable village io the Commonwealth, there had long been organized, under the authoi-ity of the Secretary of the Treas- ui'y, a body of men known as a "Board of Trade," an innocent title, little expressive of their true functions. Under the same regulations of the Secretary no shipments of goods to the interior of the State could be made without the permit of the United States Customhouse officers at Cincinnati or Louisville. In order to obtain such a permit the individual applying must have procured the recommendation of the " Board of Trade " located nearest to his place of business, and that recommendation was given to none but " lojal ' men, each Board establishing its own test of "loyalty." Without such recommendation no merchant could hope to add to his stock by importa- tion — no mechanic to replenish the materials necessary in his calling. These inquisitorial bodies, therefore, held in their hands the absolute fate of every tradesman and mechanic in the State. The prosperous merchant and needy shop-keeper were alike at their mercy. The tradesman and mechanic were thus left to choose between a vote for Mr. Bramlette and the utter ruin of their business. Such, fellow-citizens, were the circumstances under which the election of August od was begun. Its result was no longer doubtful. Had General Burusidc designated by name the individuals who should fill the various offices of the State, he would have saved us the expense and ti'ouble of an " election " — the rights of the people would not have been more flagrantly violated, nor would the oilicials thus appointed have been any more the creatures of his will than are those whom he has more indirectly imposed upon us. The limits to which we are confined forbid any attempt at a detailed ac- count of the manner in which the "election" was conducted. The mili- tari' orders before referred to were carried out with rare fidelity by those to whom their execution was entrusted. A few officers (to their lasting praise be it spoken) openlj' expressed the shame they felt at their connection with such a task. Armed soldiers were stationed at every considerable poll. The judges of election were, contrary to law, taken exclusively from the ranks of our opponents. Many weak men, apprehensive of injury to person and property, cast their votes for Mr. Bramlette in violation of their convictions. The votes of many more, when offered for our candi/latcs, were illegaly rejectef'. Thousands of others were deterred from an attempt (o vote, by the knowledge that illegal tests would be applied to them, their votes refused, and themselves probably arrested. The names of our candidates were il- legaly stricken from the poll-books at many precincts, and never placed upon them at others. Judges were arrested for refusing to conduct the 10 ADDRESS. election in a manner forbidden by the la^ws of Kentucky and their own oath, and voters were imprisoned for the high crime of confessing themseWes Democratt. These are sweeping charges, but they can readily be substantiated. That we may not be supposed to avoid specification, we publish in the appendix (marked No. 16) a statement showing the outrages perpetrated at different points in more than twenty counties. Our materials are ample to swell the list almost indefinitely, but these will be sufficient to indicate the general character of the whole. The facts stated are, some of them, within our per- sonal knowledge — the remainder have been communicated to us by gentle- men in whose veracity we have entire confidence, and whose names arc in our possession. We particularly invite your attention to the rcpoi't of Major Gibson, the certificates of Captain Lecson and Sergeant Brown, and the pro- test of the Hon. Charles A. WicklifFe, official documents whose correctness even our opponents will not question. They are nuniberc CixciNNATi, O., July 3], 1SU3. S AViiEREAs, The State of Kentucky is invaded by a rebel force with the avowed intention of overawing the judgeSgOf elections, of intimidating llie loyal voters, keeping them from the polls and forcing the election of dis- loyal candidates at the election on the 3d of August; and, whereas, the military power of the Government is the only force that can defeat this attempt, the State of Kentucky is hereby declared umler martial law and all military officers are commanded to aid the constituted auihorities ot the State in support of the laws and of tiie purity of sutl'ragc, as defined in the late proclamation of His Excellency, Governor IJobinson. As it is not the intention of the Commanding Geneial to intcrfeie with the proper expression of public opinion, all discretion in the conduct ol the election will be as usual in the hands of the legally appointed judges at the polls, who will be held strictly responsible that no disloyal pcison be allowed to vote, and to this end the military power ia ordered to give them its utmost support. The civil authority', civil courts and business will not be suspended by this order. It is for the purpose only of protecting, if necessary, the rights of loyal citizens, and the freedom of election. By command of Major General Burn side. Lewis RiciiMOiND, A. A G. Official: R. H. I. Goddard, A. A. A. G. Wo. 3. " To Col. Butler : Persons of open and avowed disloyalty will not be per- mitted to stand for office. The provisions of Gen, Buruside's order 120 must be strictly enforced. " By command. A. C. Se.mple, A. A. G. ' C. A. Wickliffe protests against the act by which his name was stricken from the poll-books, and the people denied the privilege of voting for him as a candidate for the office of Governor. He states that he has ever been opposed to secession or a dissolution of the Union. He is in favor of a restoration ot the Union as it was under the present Constitution. He has opposed the abolition of slavery as a war measure and the arming of negroes as soldiers of the army of the United States, and voted against the appropriation bill at the last session after the House refused to adopt the proviso offered by Mr. Mallory, providing, in substance, that no part of the money should be expended in freeing negroes, i?i unuiiig nnd paying ne- groes as soldiers of the army. Mr. Critiende]!, Mr. .Mallory, Mr. Menzies, Mr. Harding, Mr. Yeaman, and Mr. Grider opjioscd the bill, and refused to vote for it for the same reasons. I deny that I am disloyal to the Government or to the Constitution. I request the judges to file this paper with the poll-books and returns. C. A. Wickliffe. The foregoing is a copy of a protest attached to poll-book No. 0, in Nelson county, now in our possesion, as a board for examining the poll-books for Nelson county. Attest: T. P. Ta.NTHiruM, J. N. C. C. .J AS. Wood, S. N. C. We, the judges of the election held at the courthouse in Bardstown, Nelson county, Ky., in Precinct No. 9, on this the 3d day of August, 1863, do certify that the names of C, A. Wickliffe, a candidate for Governor of Kentucky, 16 APPENDIX. W. B. Read, carnlidate for the office of Lieut. Governor of Kentucky, were erased from the poll-books by Lieut. Col Butler, comniauding ilic Fifth Rogi- tneni, Indiana Cavalry, U. S. Army, now with headquarters at this place, who would permit no voter to vote for said persons for said offices. The names of William .Johnson, candidate for County Attorney, and Austin Mattingly, candidate for County Court Clerk were stricken from the poll-book in the manner aforesaid, and no person allowed to vote for them. E. E. McKay havinp: notified us in wriling, at the hour of ten o'clock in the morning that he was no longer a candidate for County Attorney, and that his name must be stricken from the poll-book, which was accordingly done. We do further certify that the foregoing pages contain the votes polled at said precinct for the candidates whose names were not stricken oft' to wit: For Governor — Thos. E. Bramlette, 60 votes. For Lieutenant Governor — Richard T. Jacob, tJO votes. For .Attorney General — .John M. Harlen, HO. For Attorney General — Thomas Turner, 1 vote. For State Tieasurcr — .lames }L Garrard, 50 votes and H. F. Kalfus 1 vote. For Auditor — William T. Samuels (>1 votes and Grant Green 1 vote. For Register of Land office — James A !>.iwson oU votes ami Thos. J. Frazier 1 vote. For Superintendent of Public Instruction — Daniel Stevenson 5'J votes and T. C Mc Kce 1 vote. For the Legislature — W. M. Elliott 6H votes. For Congress — .\aron Harding 61 voles and Wm. Heady 6 votes. For County Attorney — G. W. Hite r>6 votes and £. E.Mcivay 19 votes. For County Court Clerk — W. J. Spaldiug 34 votes, John S. Bean 41 votes and W. M. Powell H votes. Mathew JUPIN, ) T 1 T u )- Judges. Jonathan Rogers, j ^ T. W. Samuels, Sheriff. J. B. Hacki.ey, Clerk The foregoing is a true copy of the certificate on the poll-book of [irecinct No. 9, in Nelson county, now in our possession as a board for examining the poll-books. Attest : T. P. Lintuich.m, J. N. C. C. J AS. Wood, S. N ('. Xo. 4. GEN. HARTSUFF AND REBEL SYMP.VTHIZERS. IlEAnQlIARTERS TwKNTV-TU I R 1> ArMY (^ORPS, "> Lexi.\c;to.\, Ky., July 'H, 1X63. j General Orders No. 14. — For ihc information and guidance of officers in impressing property, it is hereby dircote KussELLViLLE, Kv., July 30. 18ii3. j In order Ihat the proclamation of the Governor ami the laws of the State of Kentucky may be observed and enforced, post coium.-indauts and officers of this command will see that the following regulations are stricily complied with at the approaching Stato election: None but loyal citizens will act as officers of the election. No one will be allowed to offer himself as a candidate for office, or be voted for at said election, who is not in all things loyal to the State and Federal Governments, and in favor of a vigorous prosecution of the war for the suppression of the rebellion. The judges of the election will allow no one to vote at said election unless he is known to tiiem to be an undoubtedly lo^-al citizen, or unless lie shall iirst take the oath required liy the laws of the State of Kentucky. No disloyal man will offer hiinselfasa candidate or attempt to voto. ex- cept for treasonable i)iirposes ; and all such efforts will be summarily sup- pressed by the milit.ary authorities. All necessary protection will be supplied and guaranteed at tiie polls to Union men fiy all the niilitaiy force within this command. By order of Brigadier General J. M. Shackleford, commamling. J E. II II FF. MAX, A. A. G. OATII TO BE TAKEN' AT TIIE EI.ECTION. I do solemnly swear that I have not lieeii in the service of the so-called Confeii, Sixteenth Army Corps .• General: In compliance with Spoci.'il Ordov No. 17 ("V.''), from Post Headqu.arters, [ proceeded in command of eighty men to IMoscow, Ky., on the 3d day of August, 18G3. A general election was to be held The polls were opened at 9 a. m., each of the Judges of election, the Sheriff and Clerk having taken the oath prescribed by the laws of Kentucky. The Judges' names were W. P. Grif- fey and J. B. Morris, the Sheriffs name Joseph Kennedy, and the Clerk's n:inie Wm. C. Blair. Major Gibson having read to the Board of Inspectors of election General Hnrlbut's Order No. 159, and General Asboth's General Order No. 47, ex- plaining the same, and prescribing the oath to be administered to the voters and candidates, and having read to them General Burnside's order placing the State of Kentucky under martial law, and having stated publicly before the Board, in the presence of the voters, that he was there under proper military orders to enforce a strict compliance with General Asboth's Order No. 47, demanded of the Clerk, Sheriff and Judges thai each of them should, before recording a vote, take the oath. Tiiey refused to do soon the ground that Gen. Asboth's order, in their opinion, was inconsistent with President Lincoln's proclamation in regard to tliose who would within a certain time lay down their arms and return to their duty as loyal citizens ; that the oath required of them b.v Gen. Asboth conflicted with their oaths to the constitution and laws of Kentucky, in this: that the constitution of Ken- tuckj' guaranteed to the people a free election, and that the laws of the State subjected them as inspectors, to fines, forfeitures, penalties, indictments, &e.. unless they placed upon the poll-lists the names of all candidates voted for, and that they could not, as honorable and conscientious men, take an oath which required them to act as Judges of the election in accordance with the laws of Kentucky, and take an oath prescribed by Gen. Asboth, which did not, in their opinion, coincide with the enactments of the State of Kentucky. They, as well as the citizens, claimed that the proclamation of Governor Robinson, of Kentucky, was the best authority and exposition in regard to the laws of expatriation and the return of citizens to their duty, and their rights and privileges thereafter; and that under his proclamation every citizen who returned to the State and remained peaceable and law-abiding and took the oath of allegiance to the Federal Government, was entitled to protection and to the right of the e.lectice franchise. To this Major Gibson replied that they would subject themselves to simi- lar fines and imprisonment in case they would not comply with General Asboth's order ; that as long as the State was under martial law, and that law could be enforced, the civil law was subservient to the military power, and that unless they complied with the order he should have to place them under arrest and take them to Columbus. In ordei', however, to act in .'{//■/c^ accordance with the order (the order not saying in so many words that the Judges or inspectors should take the oath), one person, Mr. 11. A. Thompson, was allowed to offer to vote. Major Gibson demanded of the judges that they administer the oath prescribed by General Asboth. This they i-efused to do for the reasons above stated. Major Gibson then placed them under arrest and requested them to ac- company him to Columbus, which they complied with i)rompLly and cheer- fully. jiajor Rowley was not in town, and they were conducted to (ieneral As))Oth. »j'ELS()N COl NTV. — At JJardstown Col. Bntler in jierson erased the Dem- ocratic ticket from the poll-books. At Boston, Bloomtield, Hig^h Grove, Deatsville and Ballard's tlie soldiery proliibited any one from voting for Wickliffe. ,\t Cliaplin the military were not permitted to control the election, and Wicklilfe got ninety-three votes to six for Bramlctte. WOODFOltD COUNTY.— At Versailles the Provost Marshal gave notice at the jiolls that those who voled 'he Democratic ticket would leave a record of their disloyalty, so that, he would know whose propei-ty to seize as the sympathizers in rebellion. Finally, none were allowed to vote who disap- proved the negro policv of the Administration. CONGRESSIOXAL DISTitlCTS NOS. G AND 7.— Voters, in addition to the oath i-e(]uired by law, were required to answer questions as to their feelings, sympathies and wishes. If they failed to answer these satisfacio- rily, or refused to answer at all, their votes were rejected. 'I hose who had voted earl}' in the day were afterwav o 5' IS H f> 5 pffl is ; » •! o 3 5* 00 : c J E 5' ^ ^' CO : < ^ t^ CA : < » (? p 7 Madison 9.59 Montgom'ry 432 .Mercer 955 Marion 1.053 Mason 946 Marshall.... 224 McCrackeu. 213 Meade 313 Monroe .... 882 McLean .... 530 Morgan 45 .Magoffin .... 230 Metcalfe. ... 889 Nicholas. . . . 716 Nelson 443 Oldham .... 354 Owen 309 Ohio 1,211 Owsley 537 Perry Pulafki.... 1,510 Pike Pendleton . . 845 Powell 169 Rowan 114 Rockcastle . 59!^ Kussell 497 Simpsion . . . .390 Shelby 810 Scott 493 Spencer 199 Todd 577 Taylor 752 Trigg 475 Trimble 114 Union 272 Woodford. . . 351 Wayne 331 Warren l,--'59 Whitley .... 706 Washingt'n 1,089 Webster. . . . 414 Wolfe 50 26 11 107 92 411 225 '69 226 113 142 192 113 263 227 24 56 267 94 8 3 225 372 133 448 116 82 7 124 527 467 414 6 51 1 134 17 168 89 313 127 53 56 674 1,33 1,015 535 801 802 686 1,293 414 1,176 1,185 545 1,097 1,245 1,059 4S7 213 540 906 586 312 .324 897 719 668 726 442 1,659 587 1,590 861 251 121 606 535 514 1,337 960 613 583 803 476 248 289 519 420 1,572 706 1,216 467 106 1,375 764 1,172 633 770 1,760 1,345 1,308 2.091 1,055 1,304 2,606 1,165 2,119 1,727 2,935 1,295 1,-398 1,232 1,488 864 1,250 638 1,257 2,073 2,015 978 2,161 2,232 846 857 2,833 1,260 2,235 428 435 1,055 1,035 1,137 2,150 2,068 897 1,.371 1,259 1,635 1,060 1,604 1,263 1,642 2,480 1.382 1,725 1,289 569 Total.... 67,586 17,344 84 930 182,246 Additional unofficial returns have been received as follows : Harlan county— Bramlette, 271- Wickliffe, 00. Johnson county— Bramlette, 446; Wickliffe, 00. Perry county— Bramlette, 103, Wickliffe, 00. 2G APPENDIX. IXo. IS. EXTRACT FROM MR. BRAMLETTE S INAUGURAL ADDRESS. Ist. Much is said about military arrests, as arbitrary and uuooustitu- tional. Much of this clamor is gotten up by those who are not only ig- norant of constitutional powers and duties, but whose real purpose is (o destroy, not to sustain the Constitutiou. The Coustitutiou is always the same, though the powers and duties of the Ynrious deparlmeuis and tribunal.s of government are very different and vaiious. The rule which controls the action of civil departments is often very different from the rule which governs military action. The Judiciary look to the statutes and judicial precedent for rules of decision. The military to the articles of war and the usages of civilized nations to settle belligerent right.s. The one may do what the other may not do, and yet each be strictly within the limiis of duty and right. The abuse of power is not an abrogation of its right- ful exercise. We should, therefore, only correct the abuse without restrict- ing the power. The civil authorities rule b3' force of reason ; the military by physical froce. The rebellion hag appealed from the civil tribunals, which rule by froce of reason, to the military powers, which rule by phys- ical force. Each has i's appropriate rules — the one just as constitutional as the other, but very ditlereat. Until the rebellion dismisses its appeal, and consents to the civil rule, the law must be expounded by the rules of the power to which they have appealed. The power to suppress a rebel- lion is limited only by the statutes of the country where it exists, and liy the usages of civilized nations. When the rebellion is suppressed, and the rebels consent to submit to the civil instead of the military rule, then the civil will lake the place of the military, and judicial precedent will again become the rule of interpretation. Those who appeal from the civil to the military authorities are great simpletons if they expect the argument of the ba3'onet to lie constructed upon judicial precedent. 2d. Much of this form of treasonable opposition is attempted under a clamor for free speech and free press! Liberty of speech and of the press, as well as of action, must remain unabridged so long as our Governmeni exists in its present form. But freedom and license are very ditt'urent and repugnant. Free speech is not a licensed tongue. A licentious is not a free press! To do, to say, to write, to print, what we have a right to do, to say, to write or print, is the freedom for which we contend. We should not be free to do what we have no right to do. We are at liberty to commit murdei", but we have no right to do so. We are at liberty to slander our neighbor, to commit treason, to speak or print treasonable or sediti-us Bpeeches, in time of rebellion, but we have no right to do so; and it is no abridgment of our rights as freemen to punish us for such abuses of lib- erty, or restrain us when reasonable grounds exist to believe we have been guilty, or are about to commit such acts, to the danger of the public or private security. Some are more hurtful in speech than action. Some will encourage and promote treason, without the courage to act it out themselves, and when seized and placed under just restraint they clamor for the " sacred right of free speech and free press." Let liim who does, or says, or prints, what he has no right to do, to the injury of others or the public, be held responsible for such acts. To have it otherwise would be to make licentiousness the detinition of liberty. The tongue and the press, like man, should be free, but not lawless. Let them act, being ainenal)le for acting wrong. Good and evil being set before them — and they free to choose — but must gather the fruits of that choice. ;^d. But when measures are adopted to crush the rebellion, which we deem unwise or unjust, we will not approve, but will exercise our right to oppose and correct in a legitimate way. Because we furnish the means we do not commit ourselves in favor of the modes of applying them. It is our duty to supply the means ; the duty of others to apply them. Those charged with the application are responsible for any misdirection or abuse of the meftus. We are respgnsible for the means; they for the expenditure. APPENDIX. 27 4th. In this connection it may not be amiss to say that we have a decided objection to organizing and arming negro regiments. Our objection is not, to the power, for it is admitted that whatever may be taken for use in war all its available uses, may be appropriated. Nor is our objection because of any respect for rebels, but from regard to the self-respect and interests of loyal men. Our objection is, that the arming of negroes humiliates the just pride of loyal men and injuriously affects their interests. The loyal man is as much injured by the arming of negroes as the disloyal man. The injury is indiscriminate. I, \ 013 760 087 LIBRARY OF CONGRESS 'III ill nil III 013 760 087 Hollinger pH8.5 Mill Run F3.1955