Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 23

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1452

USA > Kentucky > Collins historical sketches of Kentucky. History of Kentucky: Vol. I > Part 23

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, of - county, and state of Kentucky, do solemnly swear, that I will support, proteet and defend the constitution and government of the United

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States against all enemies, whether do- mestic or foreign; that I will bear true faith and allegiance and loyalty to the same, any ordinance, resolution, or law of any state notwithstanding; and further, that I will well and faithfully perform all the duties which may be required of me by the laws of the United States ; and I take this oath freely and voluntarily, without any mental reservation or evasion what- soever-with a full and clear understand- ing that death, or other punishment, by the judgment of a military commission, will be the penalty for the violation of this my solemn oath and parole of honor."

The same oath was attempted to be exacted of Judge Flournoy and clerk Grundy-who told Col. Noble they had taken all the oaths required by the laws of Ky., and could not and would not take any other, nor would they resign their offices. They were straightway prohibited from exercising any of the functions of either office, and the clerk's office was closed to business.

Gov. Magoffin, in a stirring letter, May 25, enclosed these documents to Mr. Crit- tenden, who, June 2, laid them all before the secretary of war, asking earnest and prompt attention, and adding: "It is true that judges may be guilty as well as others, and ought, as others, to be respon- sible for their conduct; but that is an in- dividual responsibility, and does not war- rant indignity, much less violence, to the established courts of the state. Disre- spect to them is disrespect to the state, and that surely cannot be necessary to the proper repression of rebellious move- ments in Ky."

Five days after, June 7, the secretary of war notified Mr. Crittenden "that the papers have been referred to Maj. Gen. Halleck, who has command of that de- partment, for investigation and report."

The 10th document accompanying the governor's message was a letter from J. M. Bigger, of Paducah, Ky., dated July 8, 1862, and addressed to Gov. Magoffin, in which he says :

"On this morning an order was pre- sented to me purporting to have been issued from the office of the provost mar- shal at this place, by command of Brig. Gen. Boyle, directing me to decline the office of circuit judge of the first judicial district ; and upon my failure to comply, I am informed that I will be reported under arrest to headquarters United States forces at Louisville, Ky. I possess the con- stitutional qualifications for said office, and have been and am loyal to my state and general government; and do not wish to be deprived of my constitutional rights when no charge can be made against me. I hope you will advise me what course to pursue, and afford me such pro- tection as is in your power."

The 11th document was a letter to the governor, from " Camp Chase, Ohio, Aug. 6, 1862, Prison No. 2," from 93 citizens of Ky. who had been arrested between

May 23 and Aug. 4; setting forth " that, while in the peaceful pursuit of their le- gitimate business at home, without war- rant or law, they had been arrested by force that overpowered them, placed in confinenent in different prisons in Ky. and then brought to this prison in another state ; that they were law-abiding citizens of Ky. and of the U. S., and had not vio- lated the laws of either ; that they were denied a trial by any tribunal known to the laws of our common country, but were compelled to remain there in prison, away from their homes, wives, children, relations, and friends, who were not per- mitted to see them-all verbal cominuni- cations being refused them." They prayed the legislature " to take speedy action in their behalf, that they might have a trial before their peers in their own state, and be able to meet their accusers face to face, and be dealt with according to law." The letter was signed by :

From Campbell co., 27-Robert Mad -- dox, Hubbard D. Helm, Peter G. Arthur, G. S. Skilbeck, Rev. Thos. J. Fisher, John P. Jackson, A. D. Daniel, Jesse Yelton, S. B. Arnold, Jas. S. Digby, L. W. Woods, Jas. McKibbin, A. D. Furnish, Geo. F. Trusdell, Andrew C. Spahr, Jos. Spahr, Jas. W. Shanks, Wm. Wiscer, Lewis Stearns, Geo. D. Allen, Sol. McDade, Francis M. Royse, Pat. Walsh, John Lightfoot, Geo. W. Lightfoot, John Kiser, and A. J. Galbraith ;

From Kenton co., 11-Wm. Henry Tar- vin, Henry Zell, S. Webster, Wm. Long, J. J. Childress, Wyatt Morgan, Wm. Smith, Silas Sparrow, J. W. Pelly, W. H. H. Plummer, and C. G. Waller ;

From Grant co., 15-0. D. McManama, Dr. R. G. Harrington, John DeHart, Gideon Kinman, John A. Turner, John H. Webb, O. P. Billiter, V. Simon, Jacob Isaack, Jas. W. Evans, Jas. C. Woodyard, John J. Hensley, John F. Flege, Esau Bayers, and G. W. Ferrill :

From Harrison co., 12-Perry Wherritt, Larkin Garnett, Wm. Cleveland, Samuel F. January. Jos. Daugherty, Dudley Cur- tis, Young H. Doan, John B. Doan, John S. Mckinney, Jas. Wilson, Joel Beagle, and Joshua King ;

From Pendleton co., 9-Geo. L. Aber- nathy, Jas. Williams, Jas. H. Cleveland, Samuel Brock, S. S. Slater, Jas. A. Black- burn, Asa Tomlin, Henry Nunamaker, ard J. T. Blackburn ;

From Bracken co., 5-Marina Slade, J. Cross Diltz, Richard Taylor, David Wood, and Jas. McDonald ;

From Owen co., 4-Thos. P. Herndon, R. II. Smith, Jas. Fitzgerald, and M. W. Yates ;

From Barren co., 4-S. S. Farris, J. H. Farris, Pouncy Nuckols, and Jos. M. Dickey ;

From Todd co., 3-Chas. Armstrong, Chas. Wilson Armstrong, and Jas. Harvey Armstrong ;

From Montgomery co., 1-Geo. H. Means ;

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From Fayette co., 1-Jerome P. Frazer ; From Bourbon co., 1-W. P. Payne. Aug. 13-Skirmish at Allen's Springs, Allen co.

Aug. 15-Col. Wm. P. Boone, of the 28th Ky., and 228 of his officers and men, who were taken prisoners at Gallatin, Tenn., Aug. 12, by Gen. John H. Morgan, and paroled, reach Louisville.

Ang. 16-The Louisville Journal says that Morgan was the only county in which Gen. Boyle's order forbidding rebels to be candidates was openly violated. The se- cret of it was the absence of Federal sol- diers to enforce the order, and the pres- ence of guerrillas to enable the "rebels" to vote.

Aug. 16-Skirmish at John Demon- bron's, 212 miles from Mammoth Cave, Ed- monson co .; home guards defeat a Con- federate company, killing the captain, wounding 9, and taking 77 prisoners.

Aug. 16-Sudden and extraordinary change in state policy inaugurated. Gov. Magoffin intimates his intention of resign- ing, provided a successor is chosen to suit him, but not otherwise. The office of lieu- tenant governor being vacant by the death of Linn Boyd, the speaker of the senate becomes governor in case of the resignation of the governor.

In the senate, John F. Fisk resigns the speakership, in these words :

"SENATORS : I arise to perform what I consider a high patriotic duty-a duty to Kentucky and to the nation. It comes to me from gentlemen in whom I have the highest confidence, that if I vacate my position as speaker of the senate it will result in giving to the commonwealth an executive who will be able to act harmo- niously and energetically with the loyal sentiment of the people. I have but one rule of action. Let me see clearly that any course of conduct is a duty I owe to myself, my country, or my God, and I am decided at once. Surrounded as we are with perils to our state and nation, I sacrifice myself with pleasure, believing that, under different auspices, we may secure internal peace, save the state, and serve the national cause. We must rescue the state and nation from the power of this rebellion. Before I retire from the high position which I hold by your suffrage, I wish to return to you my grateful thanks for the repeated evidences you have given to me of your confidence and kindness. These tokens of your approbation I shall cherish while I live. I return the trust confided to me, and now resign the posi- tion of speaker of this body."

The senate unanimously adopts a series of resolutions highly complimentary to senator Fisk, for his dignity, firmness, and urbanity, and for "voluntarily retiring from the office of speaker," thereby show- ing " a patriotism above all selfishness, and manifesting that he is ready at all times to forego the allurements of personal ambition whenever he can thereby in any manner promote the public good."

James F. Robinson was then unani- mously elected speaker, to fill the vacancy thus made.

During the same day a message was re- ceived from the governor tendering his resignation of that office, to take effect at 10 A. M. on Monday, Aug. 18 ; and enclos- ing the private correspondence between Adj. Gen. Wm. A. Dudley and himself, in which he says :

" At any time within the last twelve or eighteen months, it would have given me great pleasure to resign my office, could I have done so consistently with my own self-respect. But the storms of wholly undeserved abuse with which I have been assailed during that period, and the threats of impeachment, arrest, even assassination, constantly made against me, have com- pelled me to continue in the quiet dis- charge of my duty. Otherwise, I should have been regarded as either tacitly admit- ting the truth of the charges against me, or as quailing before the threats of my ene- mies. Meanwhile, however, several ses- sions of the legislature have passed without a single charge having been formally preferred against me. Then, recently, reasons of a quasi public character have determined me to persevere in that course. My political friends-and by this term I mean the southern rights party, a great majority of whom are not and never were secessionists-have been subjected to what seems to me, in modern times, an unex- ampled persecution. My position was such that I was totally unable to relieve them, and yet I could not reconcile it to my conscience even to appear to desert them in their need ......... Could I be as- sured that my successor would be a con- servative, just man, of high position and character ; and that his policy would be conciliatory and impartial towards all law- abiding citizens, however they may differ in opinion ; that the constitutional rights of our people would be regarded, and the subordination of the military to the civil power be insisted on and maintained to the utmost extent our disturbed condition will admit-I would not hesitate an instant in putting off the cares of office, and in tendering him my best wishes for the success of his administration. With- out a satisfactory assurance to that effect, you must admit that, in justice to my friends, I cannot and ought not to re- sign.".

Aug. 18-By arrangement and invita- tion, the senate and its officers escort the retiring governor Magoffin and the acting- governor James F. Robinson to the hall of the house of representatives, where the latter takes the oath as governor. Next day, he appoints D. Carmichael Wickliffe secretary of state.

Aug. 1S-The speaker of the senate, Jas. F. Robinson, "having been called on to administer the government, in conse- quence of the resignation of the governor, and the death of the lieutenant governor, it devolved upon the senate to eleet a

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speaker for the occasion "-[so says the senate journal as approved.] John F. Fisk "received all the votes given, and was duly elected."

Aug. 14-Memorial of Gen. Lucius Desha, the representative from Harrison co., (now a military prisoner at Camp Chase, Columbus, Ohio) presented, asking the legislature to take steps to restore him to liberty and to his seat in the house.

Aug 16-John B. Temple resigns as president, and, Aug. 19, Geo. T. Wood resigns as associate member of the Mili- tary Board, to take effect Aug. 30.

Aug. 16-Adj. Gen. Finnell reports the whole number of men from Ky. who have volunteered in the U. S. army at 41,703.

Aug. 19-Vincent Ash, representative from Anderson co., by a vote of 73 to 3, expelled because " he had joined Morgan's rebel band."

Aug. 16-Provost marshal general Dent issues Orders Nos. 1 and 2. In the first, "indiscriminate arrests are strongly con- demned ; no arrests must be made, except for causes set forth in Gen. Boyle's Order No. 4; the charge must be specific, and supported by the written affidavit of one or more responsible parties." In the sec- ond, he announces that he is ordered by Gen. Boyle to execute his office under the governor; and that "provost marshals who, directly or indirectly, take money from persons arrested, in the shape of fees for oaths, bonds, &c., will be arrested and brought to his headquarters."

Aug. 16-Skirmish in Lawrence (now Martin) co., 6 miles below Warfield ; Con- federates repulsed by home guards.

Aug. 17-Skirmish at Laurel bridge, in Laurel co., between Col. Hanks with some Tennesseeans and two companies of Col. Garrard's 7th Ky., and a Confederate force under Col. Scott.

Aug. 21-The following order issued : HEADQUARTERS U. S. FORCES, Cynthiana, Aug. 21, 1862.

The seccssionists, or known sympa- thizers with secession, in the immediate vicinity of any railroad disaster, occa- sioned by the intentional destruction of the track, will be held strictly responsible for any damage therefrom, and the ex- tremest rigor will be used against them for all such villainy. They can and must put a stop to it.

By order of Brig. Gen. J. T. Boyle. J. J. LANDRUM,

Lieut. Col., Commanding Post.

Aug. 18-Col. John H. Morgan issues a proclamation from his headquarters at Hartsville, Tenn., threatening retaliation, "two dollars for one"-in reply to one is- sued from Paris, Ky., Aug 14, from which it appears that the agents of the Federal government are forcing Morgan's " friends to pay for the acts of their favorite chief- tain."

Aug. 21-Woodward's Confederate cav- alry defeat, take prisoners, and parole Capt. Goodwin's co., of 54th Indiana, at Red River, near the Logan co. line.

Aug. 22-Legislature amends the jury laws so as to compel all jurors to take the following oath in addition to that already prescribed : " I do swear that I have not directly engaged, or been in the service of the so-called Confederate States, or either of them, or in the service of the so- called provisional government of Ky., either in a civil or military capacity ; and that I have not directly or indirectly cn- gaged in, aided or abetted any rebellion or insurrection whatever against the United States or state of Kentucky, so help me God." .... Appropriates $50,000 as a se- cret service fund, to be used by the gov- ernor, at his discretion, in the public service ... 26-Provides for drafting the militia whenever necessary to raise troops for the use and defense of the state, or to fill up any requisition of the U. S. 28-Abolishes the Military Board ... Makes punishable by fine of $50 to $100 to display the sccession flag, and by con- finement in the penitentiary to conspire or combine to levy war against the state, or to give aid or comfort, or to hold secret meetings to encourage or aid the Southern Confederacy .. ... 30-Requires common school commissioners, examiners of teach- ers, and teachers, and college professors to take a stringent oath, and punishes any who exercise any of these duties or call- ings without such oath by fine of $25 to $200 ......... 31-Requires a similar strin- gent oath to be taken by ministers of the gospel and others before they shall solemn- ize marriage, under penalty of fine of from $50 to $500 Re-enacts the "state guard" law. .31-Authorizes the governor, in case of danger at Frank- fort, to remove the public archives.

Aug. 22-Ger. Richard W. Johnson (of Ky.) with 800 men, including Col. Hag- gard's 5th Ky. cavalry, attack 700 Con- fedcrate cavalry under Col. John H. Mor- gan, near Hartsville, Sumner co., Tenn., about 17 miles south of the Ky. boundary line, and are twice defeated ; loss 64 killed, 100 wounded, and 200 prisoners, including Gen. Johnson and Maj. Winfrey ; Confed- erate loss 7 killed, 18 wounded. Col. Duke speaks of Gen. Johnson as a fine, dashing officer, his dispositions for attack good, and his men fighting bravely and gallantly ; but he did not seem to com- prehend the "new style of cavalry" at all.

Aug. 22-President Lincoln, in a letter to Horace Greelcy, says: " My para- mount object is to save the Union, and not either to save or destroy slavery. If I could save the Union without frecing any slaves I would do it; and if I could save it by freeing all the slaves I would do it ; and if I could save it by freeing some and leaving others alone. I would also do that."

Aug. 23-Action on Big Hill, in Rock- castle county, about 15 miles from Rich- mond. Col. Leonidas Metcalfe, with 400 Federal cavalry dismount, and on foot attack a Confederate force of probably su- perior numbers; but were received with

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such a shower of bullets and shells as ter- rified the attacking party, three-fourths of whom mounted their horses and fled " like a pack of cowards" in all directions- leaving 10 killed, and 40 wounded and prisoners ; a portion remained firm, fought bravely for 112 hours, and checked the advance of the enemy. [Those who fled so promptly are officially styled " desert- ers," in the adjutant general's report ; and Gen. Nelson, in "general orders No. 2," directed all provost marshals to arrest and commit them to jail, wherever found.]

Aug. 24-Great excitement in Fayette and Madison counties, eaused by a mili- tary notice served upon slaveholders to furnish, by a day stated, a specified num- ber of able-bodied negro men "for the use of the U. S. government as laborers "- the object being to repair the road be- tween Mt. Vernon and Cumberland Gap. Gen. Boyle says that if the government will furnish the iron and the rolling stock, he will impress negroes enough to build a railroad between Lexington and the Gap in two months.

Aug. 25-A "relief " bill, to extend the return day of executions issued sinee March 1, to March 1, 1864, voted down in the senate by 18 to 4.

Aug. 25-62 home guards from Danville and Harrodsburg surprise a body of guer- rillas, 6 miles south of Danville, on Shelby's farm ; kill 3, wound 8, and cap- ture 30 horses ; 1 home guard killed, 2 wounded.

Aug. 25-Skirmish two miles from Madisonville, Hopkins co.

Aug. 25-Col. Theo. T. Garrard, with 560 of the 7th and 23d Ky. waylay, on a hill side, over Red Bird ereek, 150 of Stearnes' Confederate cavalry, and rout thein, with loss of 1 killed ; Confederate loss 3 killed, 2 mortally wounded, the rest escape.

Aug. 26-Maj. Gen. Wm. Nelson, from his " headquarters of the Army of Ky.," at Richmond, addresses a letter to Gov. Robinson concerning the want of discipline in some of the Ky. troops: "Robbing, plundering, marauding are punishable, by the articles of war, with death ; and it is plain why such a punishment is awarded them. They destroy discipline and effi- ciency, and convert a body of men as- sembled for the defense of the country into its greatest oppression and worst enemy. The men who rob and steal won't fight. Then, again, a regiment without discipline eannot be depended on, no mat- ter how gallantly led. Metcalfe's mishap on Saturday [at Big Hill] is a case in point."

erate force of somewhat greater numbers, which lasts until 11 A. M. A lull of about an hour ensued, both sides seeming ex- hausted, when the battle was renewed; but the tide soon turned against the Fed- erals, who fled in every direction, the main body keeping the pike toward Richmond. Two miles from Richmond, Gen. Nelson, who had ridden 52 miles that day, on a relay of horses, met and rallied the flying forees, making a brief and desperate re- sistanee, even eutting down with his sword an officer who ealled to his men to scatter and run. The panic soon was complete, and he, unwilling to give up, was sur- rounded by the enemy, twice wounded, and would have been killed but for the daring act of Maj. Green Clay who seized his bridle and foreed him from the field. At the crossing of the Ky. river he rallied some fragments of regiments, to check the pursuing force, but only for a few minutes. Such utter demoralization and panie could not be suddenly recovered from, and a large part of the troops took through the woods and fields, not ceasing their flight until they had erossed the Ohio river. " Don't tell me those rebel soldiers won't fight," said a Federal major, who had re- treated to the bank of the Ohio, but whose courage had stood the test of many a well- fought field in other climes ; "they lived for days on nothing but green corn, giv- ing their horses one ear while they roasted another for themselves, but I tell you they fought like devils !"

In the singular excitement that ensued for weeks, no accurate account of the loss was published; the Federal loss is variously stated at 225 to 400 killed, from 350 to 1,100 wounded, and from 3,000 to 6,000 prisoners ; the Confederate loss in killed at from 100 to 250, and in wounded at 250 to 500. The prisoners were paroled and set free; and it was soon after an- nounced that they would be sent out to fight the Indians, relieving the troops already there, who would then be sent against the Confederates-decidedly a dis- honorable subterfuge.

Aug. 31-Sunday night, the legislature meets in extraordinary session, attends to the usual routine of business, but agrees to adjourn [out of tender consid- eration and respect for the Confederate army, now approaching uncomfortably near] to meet in the court house at Louis- ville on Tuesday, Sept. 2.

Sept. 1-At Morganfield, Union co., some of Adam R. Johnson's troops defeated by a detachment of Col. Shackleford's 8th Ky. cavalry.

Sept. 1-Paris evacuated by the Fed- erals, who fall back on Cynthiana ......... Gen. E. Kirby Smith's Confederate troops occupy Lexington. Their approach causes great excitement at Louisville, Covington, Newport, and Cincinnati ; where, next day, martial law is proclaimed.

Aug. 29-Skirmishing, a few miles south of Richmond, Madison co., between the advance of both armies. 30-Brig. Gen. Manson, (of Ind.) contrary to the orders of his superior officer, Gen. Nelson, to avoid a fight and fall back, marches out 5 miles to attack the enemy, and at 6 A. Sept. 2-Versailles occupied by Confed- erates At Louisville, the daily news- M., brings on a terrible engagement be- tween his force of 9,000, and the Confed- i papers are forbidden to publish the names

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of persons arrested and committed to mili- tary prisons.

Sept. 3-Legislature, in session at Lou- isville, resolves " that the invasion of the state by the rebels, now in progress, must be resisted and repelled by all the power of the state, by all her men, by all her means, and to every extremity of honor- able war; and that he who now seeks to save himself by deserting or holding back from the service of the commonwealth, is unworthy the name of a Kentuckian." And, further, "that the governor be and he is hereby charged with no other re- strictions on his powers than what are im- posed by the constitution-to take care of the commonwealth." [The records of the state, and cotemporary newspapers, alike failed to preserve the deeds of noble dar- ing done by the members of the legislature who voted so heartily for the first-named resolution, and who, by adjourning Sept. 5, secured opportunity for other important service to the state in this time of peril and need. It must not be reckoned a sample of the pompous and wordy patriot- ism which cropped out in the proelama- tions of the governor and adjutant general, and which characterized the newspapers of the day.]

Sept. 3-Skirmish at Slaughtersville, Webster co .; Confederates repulsed Two engagements at Geiger's Lake, not far from Henderson ; in one of which, Col. Shackleford, with about 400 men, defeats and scatters a large Confederate force un- der Adam R. Johnson ; Col. S. wounded.

Sept. 3-Gov. Robinson appoints Col. Wm. Henry Wadsworth, of Maysville, to command the state forces in Mason county. He appoints on his staff, Richard Apper- son, Jr., as acting assistant adjutant gen- eral with rank of colonel, and Thos. M. Green and Sam. W. Owens as aids-de- camp with rank of captain.

Sept. 4-Col. John H. Morgan's Confed- erate cavalry reach Lexington at 10 A. M., amid enthusiastic shouts and congratula- tions. They entered Ky., in Allen co., July 29 ; reached Glasgow July 30; thence to Columbia, Adair co., remaining two days ; thence via Liberty in Casey co., Hustonville in Lincoln co., Sept. 2, and Danville and Nicholasville next day. In a few days, Capt. W. C. P. Breckinridge, Lieut. Sam. D. Morgan (cousin of Col. J. H. M.), and Cols. Cluke and Chenault re- cruit nearly 1,000 men for their battalions and regiments. Capt. (now made Brig. Gen.) Abram Buford recruits threc fine regiments of cavalry, under Cols. Butler, Smith, and Grigsby.

Sept. 5-Legislature authorizes home guard companies, of free white male citi- zens between 16 and 65 years, to be organ- ized for home and self-protection. .. Ad- journs until Jan. 8, 1863.

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Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 23

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn Publication date: 1874 Publisher: Covington, Ky., Collins & Co. Number of Pages: 1452

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1452