The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1862-08-21
Message of Governor Magohan. of Ken

message Of Governor Magof6n, of Ken
lucky.
We make the following extracts from tho
message Of Gov. Magofin to the General
Assembly at the called session, August, Io62:
To the Senate and House of Representatives,
Most cheerfully have convened you In
extraordinary session. upon the earnest ap-
peal of the Speaker of the House OF Repre-
sentatives and other distinguished members
of both branches of the Legislature. who
thought themselves justified by the alarming
condition of the State. in taking tho respon-
: sibility of m aking the request in behalf OF
the absent mem bers of the General Assem-
bly,. Divided and distracted as we are, with
almost every neig hborhood threatened with
civil strife, with dangerous combinations of
bad men. forming in different sections of the
State. to frightsn. rob, and. If need be. to
murder the good citizens of the Common
wealth; with lawless bands of desperate
men, who have nothing to lose. headed by
daring and reckless leaders, already roaming
over the country, plundering indiscriminate-
ly at will the men Of property. influence and
position. followed by the daring, dashing
and successful adventure and invasion Of tho
State by Col. John Morgan. at the head of
large cavalry force. which forcibly seized
and carried away large amount Of valuable
property belonging to tho Government and
private citizens; with all this, condemned
by law-abidipg men, staring US in the face;
with numerous appeals made to me by the
people, as Governor of the State, to protect
them in tho peaceful enjoyment Of their
property, their liberties and their rights I'M
der the Constitution, and totally without the
means o: the power to keep the peace. to
protect them or, to enforce the laws, with
| ,vI 49, To
eanizs the militia of the State under the
late law, growing out of the divided senti-
ment of our people, their distrust of each
other, and conflict Of authority with the
Military Board. they claiming they had the
paramount authority over the arsenal, arms,
munitions of war, &C., under tho old law,
and claiming it under the new one. which,
according to my construction. renstated mo
in the authority which h ad under the Con-
stitutior, and of which had been deprived
by previous Legislatures; with no power to
organize the militia myself; with mono in
the Military Board; threatened with inva-
sioDs and anarchy. not unwillingly yielded
to the request to call you together. so that
you can determine by an amendment of the
law or the passage of a new one, the extent
Of the authority you intended to grant, and
provide for the defense and protection OF the
people Of the Common wealth.
Your attention is called to the following
statement of the finances of the State, fur
nished by the Auditor:
Total in Treasury Slst July. 1862 $4as,s35 o.
! Ofthis belongs to
Revenue S24,169 70
Sinking Fund proper 16s ABA
| School Fund proper l26 3o7 so
Military Fund 1929 IS
--$42s,93 1886 o.
| beg leave further, to call your serious at
tention to another subject in nv Judgment
Of the gravest Importance to the peace and
welfare OF the State. 1t is to the interference
by the military with the civil authorities,
the arrest of our citizens without authority
OF law, and their protection in the enjoyment
of the right of Suffrage. their right to become
candidates for and to hold office and enjoy
their property as peaceful and fawbiding
citizens under the Constitution and Laws.
My views upon these subjects are partly
embodied in correspondence. through the
Hon. John j. Crittenden, with the Secre-
tary OF War, herewith submitted for your
consideration; and your attention is called
to other letters and petitions also submitted.
Tho policy adopted, i. soens to mo, is dan
oerous in the extreme. It must lead to con-
fusion. conflict and anarchy. There is no
necessity for it. in my judgment; no law for
it. If the State had been placed under mar
which is the will of the commander for the
I time being. there might be claimed some
shadow of excuse for il; but Kentucky was
not, and is not, under martial law, and re-
spectfully submit to you whether or not
change Of policy in the restoration Of the
civil authorities in all their force, and tn 9
confinement of the military and civil power
within their legitimate spheres OF action,
(the military being subordinate to the civil
law will not restore peace within our bor-
ders, and give ample protection Gas the laws
are adequate, or if not amend them.) to our
people in the enjoyment of their rights. Ill !
ask for those charged with offenses is that
the law shall be adhered to enforced. Every
citizen has right to know the reasons of
his arrest. the charges preferred against him,
and who are his accusers; to have his wit
nesses summoned, and to have a speedy and
fair trial by his peers and before the proper
tribunals. A warrant, under the oath of tn
person making complaint, must be obtained.
The Constitution declares that mo person
shall be deprived of life, liberty or property,
without duo process of law;' and again, that
mo warrants shall issue but upon probable
cause supported by oath or affirmation, and
particularly describing the persons to be
seized All ask is that the Constitution
and laws be conformed to. Under them, if
persons have done any thing for which they
ought to be punished, have them arres ted,
the charge preferred against them, and an
investigation before the proper tribunals. If
found guilty punish them-enforce the laws;
if innocent release them. Good policy is al.
ways based upon the recognition and protec-
ton of the institutions of the States, obedi-
ence to law, and upon 6rmness, magnanim-
ity, and justice. An opposite one will, in
my opinion, produce the worst results. In
proof of this, we have only to look at the re-
cent action of Congress- on account of which
the Southern people have grown desperate,
and the q MON feeling in the Southern States,