Confederate Constitution of Kentucky
|Confederate Constitution of Kentucky (1861)
|This constitution was adopted by a self-constituted gathering of Confederate sympathizers at Russellville, Kentucky on November 20, 1861. The elected government in Frankfort never voted for secession.|
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The supreme executive and legislative power of the provisional government of this Commonwealth, hereby established, shall be vested in a governor and ten councilmen, one from each of the present Congressional districts, a majority of whom shall constitute a quorum to transact business. The governor and councilmen to be elected by the members of this convention in such manner as this convention may prescribe.
The governor and council are hereby invested with full power to pass all laws necessary to effect the objects contemplated by the formation of this government. They shall have full control of the army and navy of this Commonwealth, and the militia thereof.
No law shall be passed, or act done, or appointment made, either civil or military, by the provisional government, except with the concurrence of a majority of the council and approval of the governor, except as herein specially provided.
In case of a vacancy in the gubernatorial office, occasioned by death, resignation, or any other cause, the council shall have power to elect a governor, as his successor, who shall not, however, be a member of their own body.
The council hereby established shall consist of one person selected from each Congressional district in the State, to be chosen by this convention, who shall have power to fill all vacancies from any cause from the district in which such vacancy shall occur.
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.
The governor shall nominate, and, by and with the advice and consent of the council, shall appoint all judicial and executive and other officers necessary for the enforcement of law and the protection of society under the extraordinary circumstances now existing, who shall continue in office during the pleasure of the governor and council, or until the establishment of a permanent government.
The governor shall have power, by and with the consent and advice of the council, to conclude a treaty with the Confederate States of America, by which the State of Kentucky may be admitted as one of said Confederate States upon an equal footing in all respects with the other States of said Confederacy.
That three commissioners shall be appointed by this convention to the Government of the Confederate States of America, with power to negotiate and treat with said Confederate States for the earliest practicable admission of Kentucky into the Government of said Confederate States of America, who shall report the result of their mission to the governor and council of this provisional government, for such future action as may be deemed advisable, and, should less than the full number attend, such as may attend may conduct such negotiation.
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 l>e 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.
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.
The following oath shall lie taken by the governor, members of the council, judges, and all other officers, civil and military, who mav be commissioned and appointed by this provisional government: "I, , do solemnly swear (or affirm), in the presence of Almighty God, and upon my honor, that I will observe and obey all laws passed by the provisional government of Kentucky. So help me God."
The governor shall receive, as his salary, $2,000 per annum, and the councilmen, $5 per diem, while in session, and the salary of the other officers shall be fixed by law.
The constitution and laws of Kentucky, not inconsistent with the acts of this convention, and the establishment of this government, and the laws which may be enacted by the governor and council, shall be the laws of this State.
That whenever the governor and council shall have concluded a treaty with the Confederate States of America, for the admission of this State into the Confederate Government, the governor and council shall elect two Senators, and provide by law for the election of members of the House of Representatives in Congress.
The provisional government hereby established shall be located at Bowling Green, Ky., but the governor and council shall have power to meet at any other place that they may consider appropriate.
- United States Congressional Serial Set published by United States Government Printing Office (1904)
This work published before January 1, 1923 is in the public domain worldwide because the author died at least 100 years ago.