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THE

KENTUCKY

SECESSION

ORDINANCE.

515

terity demand that we shall not relinquish our own power of the Provisional Government of this Comliberty, and shall not abandon the rights of our de-monwealth hereby established, shall be vested in a scendants and the world to the inestimable blessings of Constitutional Government; therefore,

Be it ordained, That we do hereby forever sever our connection 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 the power to fix her own destiny and to secure her own rights and liberties.

Governor and ten Councilmen, one from each of the present Congressional districts, a majority of whom shall constitute a quorum to transact business; the Goveanor 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 object contemplated by the formation of the Government. They shall have full control of the army and namy 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 hereinafter specially provided.

Sec. 4. In the 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, and his successor, who shall not, however, be a member of their body.

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 Lin coln; have abdicated the Government in favor of the military despotism which they have placed around themselves, but cannot control, and have abandoned the duty of shielding the citizen 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 Sec. 5. The Council hereby established shall conborrowing five millions of money for the support of sist of one person selected from each Congressional the war without a vote of the people; have per-district in the State, to be chosen by this Convenmitted the arrest and imprisonment of our citizens, tion, who shall have power to fill all vacancies from and transferred the constitutional prerogatives of any cause from the district in which such vacancy the Executive to a military commission of partisans; shall occur. have seen the writ 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 States of the old Federal Union, and have done all these things deliberately, against the warnings and voices of the Governor and the solemn remonstrances of the minority in the Senate and House of Representatives; therefore,

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, 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 Amer

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 a Government is unworthy of the support of a brave and free people, and we do hereby declare that the people are ab-ica, by which the State of Kentucky may be adsolved from all allegiance to said Government, and have the right to establish any Government, which to them may seem best adapted to the preservation of their rights and liberties.

PLAN OF PROVISIONAL GOVERNMENT.

mitted as one of said Confederate States, upon an equal footing in all respects with the other States of said Confederacy.

Sec. 9. Three Commissioners shall be appointed by this Convention to the Government of the Con

Section 1. The supreme Executive and Legislative federate States of America, with power to negotiate

AGAINST THE ARREST OF BRITISH SUBJECTS. MR. SEWARD'S SPIRITED REPLY.

LORD LYONS TO MR. SEWARD.

and treat with said Confederate States for the earli- | THE BRITISH MINISTER'S REMONSTRANCE est 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 Gov

ernment:

I,

WASHINGTON, Oct. 14th, 1861. Sir: Her Majesty's Government were much concerned to find that two British subjects, Mr. Patrick and Mr. Rahming, had been subjected to arbitrary arrest; and although they had learned from a telegraphic dispatch from me that Mr. Patrick had been released, they could not but regard the matter as one requiring their very serious consideration.

Her Majesty's Government perceive that when British subjects, as well as American citizens, are arrested, they are immediately transferred to a mil. itary prison, and that the military authorities refuse to pay obedience to a writ of habeas corpus.

Her Majesty's Government conceive that this practice is directly opposed to the maxim of the Constitution of the United States "that no person shall be deprived of life, liberty or property without due process of law."

Her Majesty's Government are willing, however, to make every allowance for the hard necessities of a time of internal trouble; and they would not have been surprised if the ordinary securities of personal liberty had been temporarily suspended; nor would they have complained if British subjects falling under suspicion had suffered from the consequences of that suspension.

do solemnly swear, or affirm, in the presence of Almighty God and upon my honor, that I will observe and obey all the laws passed by the Provisional Government of Kentucky, so helped in this respect any departure from the due course me God.

Sec. 13. The Governor shall receive as his salary, two thousand dollars per annum, and the Councilmen five dollars 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 act 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. Whenever the Governor and Council shall have concluded a treaty with the Confederate States 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, Kentucky, but the Governor and Council shall have power to meet at any other place that they may consider appropriate.

Done at Russelville, in the State of Kentucky, this 20th day of November, in the year of our Lord, 1861.

But it does not appear that Congress has sanction

of law and it is in these circumstances that the law officers of the Crown have advised her Majesty's Governmant that the arbitrary arrests of British subjects are illegal.

So far as appears to her Majesty's Government, the Secretary of State of the United States exercis es, upon the reports of spies and informers, the power of depriving British subjects of their liberty, of retaining them in prison, or liberating them by his own will and pleasure.

Her Majesty's Government cannot but regard this despotic and arbitrary power as inconsistent with the Constitution of the United States, as at variance with the treaties of amity existing between the two nations, and as tending to prevent the resort of British subjects to the United States for purposes of trade and industry.

Her Majesty's Government have therefore felt bound to instruct me to remonstrate against such irregular proceedings, and to say that, in their opi nion, the authority of Congress is necessary in order to justify the arbitrary arrest and imprisonment of British subjects.

THE

BRITISH MINISTER AND MR.

SEWARD.

517

I have the honor to be, sir, with the highest con- | against such irregular proceedings, and to say that, sideration, your most obedient humble servant. in their opinion, the authority of Congress is necessary in order to justify the arbitrary arrest and imprisonment of British subjects.

The Hon. WILLIAM H. SEWARD, &c.

MR. SEWARD TO LORD LYONS.

LYONS.

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The facts in regard to the two persons named in your note are as follows:

Communications from the regular police of the

My Lord: I have the honor to acknowledge your country to the Executive at Washington showed Icrdship's note of the present date.

In that paper you inform me that the British Government is much concerned to find that two British subjects, Mr. Patrick and Mr. Rahming, have been brought under arbitrary arrest, and that although her Majesty's Ministers have been advised by you of the release of Mr. Patrick, yet they cannot but regard the matter as requiring the very serious consideration of this Government.

You further inform me that her Majesty's Governmen. perceive that when British subjects, as well as American citizens, are arrested, they are transferred to a military prison, and that the military authorities refuse to pay obedience to a writ of habeas corpus.

You add that her Majesty's Government conceive that this practice is directly opposed to the maxim of the Constitution of the United States, that no person shall be deprived of life, property or liberty, without due process of law. You then observe that her Majesty's Government are nevertheless willing to make every allowance for the hard necessities of internal trouble, and they would not have been surprised if the ordinary securities of personal liberty had been temporarily suspended, nor would they have complained if British subjects, falling under suspicion, had suffered from the consequences of such suspension, but that it does not appear that Congress has sanctioned, in this respect, any departure from the course of law, and it is in these circumstances that the law officers of the Crown have advised her Majesty's Government that the arrests of British subjects are illegal.

You remark further, that so far as appears to her Majesty's Government, the Secretary of State for the United States examines, upon the reports of spies, and assumes the power of depriving British subjects of their liberty or liberating them by his own will and pleasure; and you inform me that her Majesty's Government cannot but regard this despotic and arbitrary power as inconsistent with the Constitution of the United States, as at variance with the treaties of amity existing between the two nations, and as tending to prevent the resort of British subjects to the United States for purposes of trade and industry. You conclude with informing me that upon these grounds her Majesty's Government have felt bound to instruct you to remonstrate

that disloyal persons in the State of Alabama were conducting treasonable correspondence with confederates, British subjects and American citizens, in Europe, aimed at the overthrow of the Federal Union by armed forces actually in the field and besieging the Capital of the United States. A portion of this correspondence which was intercepted was addressed to the firm of Smith & Patrick, brokers, long established and doing business in the city of New York. It appeared that this firm had a branch at Mobile; that the partner, Smith, is a disloyal citizen of the United States, and that he was in Europe when the treasonable papers were sent from Mobile, addressed through the house of Smith & Patrick, in New York. On receiving this information, William Patrick was arrested and committed into military custody at Fort Lafayette, by an order of the Secretary of War of the United States, addressed to the police of the city of New York. These proceedings took place on the 28th of August last.

Representations were thereupon made to the Secretary of State by friends of Mr. Patrick, to the effect that notwithstanding his associations he was personally loyal to the Government, and that he was ignorant of the treasonable nature of the correspondence which was being carried on through the mercantile house of which he was a member. Directions were thereupon given by the Secretary of State to a proper agent to inquire into the correctness of the facts thus presented, and this inquiry resulted in the establishment of their truth. Mr. William Patrick was thereupon promptly released from custody by direction of the Secretary of State. This release occurred on the 13th day of September last.

On the 20 day of September the Superintendent of Police in the city of New York informed the Secretary of State, by telegraph, that he had under arrest J. C. Rahming, who had just arrived from Nassau, where he had attempted to induce the owners of the schooner Arctic to take cannon to Wilmington, in North Carolina, for the use of the rebels, and inquired what he should do with the prisoner. J. C. Rahming was thereupon committed into military custody at Fort Lafayette, under a mandate from the Secretary of State, This commitment was made on the 2d day of September. On the 17th day

of that month the prisoner, after due inquiry was | Majesty residing in the United States, and under released from custody, on his executing a bond in their protection, are treated during the present the penalty of two thousand five hundred dollars, troubles in the same manner and with no greater or with a condition that he should thereafter bear true less rigor than American citizens. allegiance to the United States, and do no act hostile or injurious to them, while remaining under their protection.

I have to regret that, after so long an official intercourse between the Governments of the United States and Great Britain, should be necessary now to inform her Majesty's Ministers that all executive proceedings, whether of the Secretary of War or of the Secretary of State, are, unless disavowed or revoked by the President, proceedings of the President of the United States.

Certainly it is not necessary to announce to the British Government now that an insurrection, attended by civil and even social war, was existing in the United States when the proceedings which I have thus related took place. But it does seem necessary to state, for the information of that Government, that Congress is by the Constitution invested with no executive power or responsibility whatever, and, on the contrary, that the President of the United States is, by the Constitution and laws, invested with the whole executive power of the Government, and charged with the supreme direction of all municipal or ministerial civil agents, as well as of the whole land and naval forces of the Union, and that, invested with those ample powers, he is charged by the Constitution and laws with the absolute duty of suppressing insurrection, as well as preventing and repelling invasion, and that for these purposes he constitutionally exercises the right of suspending the writ of habeas corpus, whenever and wheresoever and in whatsoever extent the public safety, endangered by treason or invasion in arms, in his judgment requires.

The military prison which was used for the temporary detention of the suspected parties is a fort, constructed and garrisoned for the public defense. The military officer charged with their custody has declined to pay obedience to the writ of habeas corpus; but the refusal was made in obedience to an express direction of the President, in the exercise of his functions as Commander-in-Chief of all the land and naval forces of the United States. Although it is not very important, it certainly is not entirely irrelevant, to add that, so far as I am informed, no writ of habeas corpus was attempted to be served, or was even sued out or applied for, in behalf of either of the persons named; although in a case not dissimilar the writ of habeas corpus was isissued out in favor of another British subject, and was disobeyed by direction of the President.

The British Government have candidly conceded, in the remonstrance before me, that even in this country, so remarkable for so long an enjoyment by its people of the highest immunities of personal freedom, war, and especially civil war, cannot be conducted exclusively in the forms and with the dilatory remedies provided by municipal laws which are adequate to the preservation of public order in a time of peace. Treason always operates, if possi ble, by surprise, and prudence and humanity therefore equally require that violence concocted in secret shall be prevented, if practicable, by unusual and vigorous precaution. I am fully aware of the inconveniences which result from the practice of such precaution, embarrassing communities in social life, and affecting, perhaps, trade and intercourse with foreign nations. But the American people, after having tried in every way to avert civil war, have accepted it at last as a stern necessity. The chief interest, while it lasts, is not the enjoyments of society, or the profits of trade, but the saving of the national life. That life saved, all the other blessings which attend it will speedily return, with greater assurance of continuance than ever before. The safety of the whole people has become, in the present emergency, the supreme law, and so long as the danger shall exist, all classes of society equally, the denizen and the citizen, cheerfully acquiesce in the measures which that law prescribes. This Government does not question the re-learning of the legal advisers of the British Crown, or the justice of the deference which her Majesty pays to them. Nevertheless, the British Government will hardly expect that the President will ac cept their explanations of the Constitution of the

The proceedings of which the British Government complain, were taken 'upon information conveyed to the President by legal police authorities of the country, and they were not instituted until after he had suspended the great writ of freedom in just the extent that, in view of the perils of the State, he deemed necessary. For the exercise of that discretion he, as well as his advisers, among whom are the Secretary of War and the Secretary of State, is responsible by law before the highest judicial tribunal of the republic, and amenable also to the judgment of his countrymen and the enlightened opinion

of the civilized world.

A candid admission contained in your letter lieves me of any necessity for showing that the two persons named therein were neither known nor supposed to be British subjects when the proceedings occurred, and that in every case subjects of her

REPORT OF THE VIRGINIA

COMMITTEE.

519

United States, especially when the Constitution, thus expounded, would leave upon him the sole executive responsibility of suppressing the existing insurrection, while it would transfer to Congress the most material and indispensable power to be employed for that purpose. Moreover, these explanations find no real support in the letter, much less in the spirit, of the Constitution itself. He must be allowed, therefore, to prefer and be governed by the view of our organic national law which, while it will enable him to execute his great trust with complete success, receives the sanction of the highest authorities of our own country, and is sustained by the general consent of the people for whom alone that Constitution was established.

I avail myself of this opportunity to offer to your lordship a renewed assurance of my very high consideration.

WILLIAM H. SEWARD.

The RIGHT HON. LORD LYONS, &C.

REPORT OF THE COMMITTEE APPOINTED BY THE VIRGINIA STATE CONVENTION TO SUGGEST AMENDMENTS TO THE STATE CONSTITUTION.

The Virginia State Convention reassembled in Richmond, November 19th, 1861. In its former session it adopted (May 1st, 1861) the following resolution:

"Resolved, That a committee of seven members be appointed by the President of the Convention, whose duty it shall be to consider and report to the Convention, at its adjourned session, such amendments to the Constitution of Virginia as may be neceesary and proper under existing circumstances."

Before reassembling in November, the Committee through its Chairman, Sandy Stuart, (once Secretary of the Interior) submitted its majority report of which the following extracts are the material portions:

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'Governments are instituted for the protection of the rights of persons and property; and any system must be radically defective which does not give ample security to both. The great interests of every community may be classed under the heads of labor and capital, and it is essential to the well being of society that the proper equilibrium should be established between these important elements. The undue predominance of either must eventually prove destructive of the social system. Capital belongs to the few-labor to the many. In these systems in which capital has the ascendency, the Government must, to some extent, partake of an oligarchy, whilst in those in which labor is predominant, the tendency is to what Mr. John Randolph graphically described as the despotism of king numbers.'

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It is the office of enlightened statesmanship to secure to each its appropriate influence, but to give the absolute control to neither.

"The political condition of the Northern States presents a striking illustration of the evils incident to the preponderance of the element of labor In the early periods of their history these evils were not so apparent as they have since become. Their population was sparse, and the Western Territories afforded a convenient outlet for their restless citizens; labor was in demand at high wages; proper ty was easily acquired, and consequently the line of demarcation between labor and capital was not strictly drawn, because the laborer of to-day might rapidly become the capitalist of to-morrow. But within the last twenty years a marked change has taken place in the North. Population has become dense, and the safety-valve afforded by emigration to the Western Territories has been greatly obstructed. Wages have not kept pace with the cost of subsistence, and the difficulty of acquiring property has increased. The tendency of this new condition of things has been to divide society into two distinct classes, and to array the one against the other.

"This tendency to a conflict between labor and capital has already manifested itself in many forms, comparatively harmless, it is true, but nevertheless clearly indicative of a spirit of licentiousness which must, in the end, ripen into agrarianism. It may be seen in the system of free schools, by which the children of the poor are educated at the expense of the rich; in the various forms of exemption and homestead bills; in the popular cry of lands for the landless,' and homes for the homeless;' in Fourierism and communism; in the habitual disregard of the ordinances of religion, and of the institution of matrimony; and, more distinctly, in the form of abolitionism.

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"In the opinion of your committee, no system of Government can afford permanent and effectual security to life, liberty and property, which rests on the basis of unlimited suffrage and the election of officers of every department of the Government by the direct vote of the people. The tendency of such a system is to demoralize the masses; to encourage the habit of office-seeking; to foster corruption at the polls, and to place unworthy and incompetent men in positions of trust and responsibility. These, however, are the vital principles of the social organization of the North, and, as before stated, their bitter fruits are already in a course of rapid development.

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