History of Morgan's Cavalry. Duke Basil Wilson
a word, which very inaccurately and lamely expressed her meaning. The people of Kentucky had long since – two months at least, a long time in such a period, before this correspondence between their Governor and the Confederate Generals – ceased to do anything but blindly look to certain leaders, and blindly follow their dictation. The Southern men of the State, and their peculiar leaders, were sullen and inert; the mass of the people were bewildered, utterly incompetent to arrive at a decision, and were implicitly led by the Legislature to which all the politicians, who aspired to influence, now resorted. In view of the history of this neutrality, of the professions made, only a few weeks previously, by the same men who returned an answer from the Capital of Kentucky to the propositions of the Confederate authorities that Kentucky should act fairly, and not declare one policy and clandestinely pursue another – in view of the facts which are fastened in the record – what sort of men does that answer prove them to have been? This was the answer:
"Resolved, By the General Assembly of the Commonwealth of Kentucky that his Excellency, Governor Magoffin, be, and he is hereby instructed to inform those concerned, that Kentucky expects the Confederate or Tennessee troops to be withdrawn from her soil unconditionally."
This, after a pledge to their own people, and a proclamation to both sections, of neutrality! After Federal troops, and Federal encampments had been for weeks upon the soil of Kentucky, and in response to action (which their own had invited) from men (to whom they had promised assistance in just such a contingency as was then upon them), when they resolved the previous January, that Governor Magoffin should inform the Governors of New York, Maine and Massachusetts, that when Northern troops should march to invade the South, "the people of Kentucky, uniting with their brethren of the South, will as one man resist such invasion of the soil of the South, at all hazards, and to the last extremity!" The Committee on Federal Relations, to which was referred the communications addressed to Governor Magoffin, exerted itself to outdo the resolutions given above, and reported resolutions of which the substance was, that as Kentucky had been invaded by the Confederate forces, and the commanders of said forces had "insolently prescribed the conditions upon which they will withdraw;" "that the invaders must be expelled, inasmuch as there are now in Kentucky Federal troops assembled for the purpose of preserving the tranquillity of the State, and of defending and preserving the people of Kentucky in the peaceful enjoyment of their lives and property." A candid confession, truly, and one which it required nerve to make! Brave, honorable, consistent men – fit to be the guardians of a people's honor! Declare neutrality, and warn both combatants off the soil of their State! proclaim that Kentucky can and will take care of herself, and then coolly resolve, when the issue is made, "that as there are now Federal troops in Kentucky, for the purpose," etc., that the mask shall be thrown off, and deception no longer practiced. But the cup of shame was not yet full; this unblushing Legislature passed yet other resolutions, to publish to the world the duplicity and dissimulation which had characterized their entire conduct. After going on to set forth the why and wherefore Kentucky had assumed neutrality, it was resolved, "that when the General Government occupies our soil for its defense, in pursuance of a constitutional right, it neither compromises our assumed neutrality, nor gives the right to the Confederate forces to invade our State on the assumption that our neutrality has been violated, especially when they first set foot upon our soil upon the plea of military necessity."
"That when the General Government occupies our soil for its defense, it neither compromises our assumed neutrality," etc. Well! it is useless to attempt comment on this – "it is impossible to do the subject justice." We rebels never contended that the Government was bound to respect Kentucky's neutrality, if it had the right to coerce the seceded States. We denied the constitutional right and power of coercion – but if the Government had that power, we conceded that there was the same right and reason to employ it against Kentucky's neutrality as against South Carolina's secession. But for the neutrality-mongers to say this – were they generously striving to fool themselves also? And, then, in hearing, as they had been for weeks, of the morning and evening guns of "Camp Dick Robinson," to speak of the Confederates having "first set foot upon our soil." Is it an unfair construction of such conduct, to suppose that the men guilty of it were, in part, time-servers, who had striven all the while to get upon the strong and safe side, and believed that they had succeeded, and, in part, politicians unscrupulous, if in plan consistent, who had deliberately deceived the people of Kentucky, and lulled them into a condition in which they would receive the handcuffs, to be slipped upon them, without resistance?
But now that the men of purpose saw that it was no longer necessary to conceal it, and the wavering had become satisfied which side it was safe and politic to adopt, there was no more dallying.
The Legislature prepared to finally crush the State-guard and "an act to enlarge the powers of the Military Board of this State," was passed. It was enacted, "That the Military Board created at the last session of the Legislature, are hereby authorized to order into the custody of said Board any State arms which may have been given out under the act creating said Board, or other law of the State, whenever said Board shall deem it expedient to do so; said Board shall have like power over the accouterments, camp equipage, equipments, and ammunition of the State." Willful failure or refusal "to return any of said property for forty-eight hours after the receipt of the order of the Board to that effect," was made a high misdemeanor, and punishable by fine of not less than one nor more than five thousand dollars, and imprisonment until the fine was paid, and the arms or other property restored. The removal, concealment, or disposal of any of the property, mentioned in the first section of the act, was made felony and punishable by not less than one nor more than two years in the penitentiary. A further resolution in the spirit of the same kind of neutrality was approved September 23rd, "That the Military Board be and they are hereby authorized to place any portion of the arms, accouterments, equipments, camp equipage, baggage trains, ammunition, and military stores of the State, not in use, under the control of the commander of the Federal forces in Kentucky," etc.
Having once gotten on the right track (as they were compelled to believe it, inasmuch as it was clearly the one which conducted to immediate profit and safety) these gentlemen thought they could not go too fast. "The people were educated to loyalty," now, and it was high time to commence the punishment of those who had shown an inaptness to receive the lessons, or a distaste for the method of instruction. The dignity of Kentucky had been sacrificed by the avarice and cowardice of her own sons, who sat in her councils – this is the way in which those legislative-panders sought to assert it again. They passed an act entitled "an act to prohibit and prevent rebellion by citizens of Kentucky and others in this State." By this act it was provided that any citizen of this State, who as a soldier or officer of the Confederate army, should, as part of an armed force, enter the State to make war upon it, should be punished by confinement in the penitentiary. "Making war upon the State," doubtless meant any attack made upon the "Federal soldiers assembled" (in the State) "for the purpose of preserving the tranquillity of the State." And it was farther enacted that, "any person who shall, within the limits of this State, persuade or induce any person to enlist or take service in the army of the so-called Confederate States, and the persons so persuaded or induced does enlist or take service in the same, shall be deemed guilty of a high misdemeanor and upon conviction, shall be fined in a sum not exceeding one thousand dollars, and imprisonment not exceeding six months." Whether, in passing this act, the Legislature of Kentucky was treating a question involving belligerent rights, is a matter for lawyers to pass upon; but that it was disgracing the State is patent. Such action might have been proper and competent – against both belligerents – had Kentucky adopted it as a measure necessary to the maintenance of her neutrality. It would have been, at least, dignified, had she earnestly and unequivocally declared, from the beginning, an adherence to the Government, and a resolution to support its policy.
But under all the circumstances, and after the repeated declarations of its authors that, to resist coercion, the very measures ought to be taken (for the punishment of which this act was now passed), it is difficult to stigmatize, with appropriate emphasis, such conduct.
The lapse of time has mitigated the hostility of the actual combatants, but has only intensified the contempt, and deepened the distrust which the people of Kentucky feel for these men.
The sincere Union men of Kentucky, and the men who sincerely sympathized with the Southern movement and