New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-02-11
KENTUCKY gSsOLETCE.

President LlUcOiil, Oh Tue tti WI iH- bc''u'
Der, dismissed from the service OF tho United
States Col. John Mclienry, j., OF the I'm
Kentucky Volunteers The oiiense OF that
officer was a violation Of the additional Arti-
Gle of War prohibiting fugitIVe-slavc rendltlons
by United States forces; he having issued au
order for the exclusion Of fugitive slaves from
bis resimeut, and their delivery to their owners
on application. No distinction was made be-
tween loyal aud Rebel claimants. The net
was plainly against the spirit Of the article,
pnd WAS htly punished by tho dismissal Of
Col. McIIenry.
But the Kentucky Legislature is unhappiy
of different opinion. Committee on Mill
tary Affairs has submitted an elaborate report
to the House Of Representatives, rcciting the
facts OF tho case, justiging the conduct of
Col McIenTy and recommending the passage
% resolution by the Legislature requesting
TIE President to rescind his order Of dismissal.
The report aud resolution were adopted with
n single dissenting voice.
We beg TO say 10 this honorable body ,'at
they have mistaken their vocation aud tee
time of their attempt. II is the year Of grace
1908 The voice Of Kentucky has ceased to
control the conduct of the war. Save.huntiug
is no longer n reputable pursuit, nor It's en-
enlargement essential 10 tho Cancellation OF
the Border States. We do not, therefore,
think il necessary TO express hope that tins
attempt at dictation to the President VII be
resented or neglected as it deserves. We take
it for granted that he will disregard it. His
prompt dismissal of Col. MclIenry, followed
shortly after by the warning to Gen. Boyle,
eGectualy and finally checked the practice OF
employing United States troops in kidnapping
Kentucky loyalists. To reverse or even recon-
sider his action would inevitably stimulate
anew the slege-hunting zeal which he las once
put ut rcst. The President has no such pur-
pose, and will do no act looking in that
direction.
What we do think IL necessary to say is that
The report OF the Committee Is filled with the
rapkest Secession heresies, aud that tie Ken.
tuchy Legislature by adopting it puts itself on
record as in full sympathy Of opinion with he
Fundamental doctrines of Rebellion The evil
dence Of this ia brief enough to DO quoted. The
Committee says:
BY our Sltc laws eny free person guilty o. Llfbotrga
r0naway SLAVE with .ho intention q preventing ar
from oban posi, sion 4 such runaway shah on c,utic
ou be confined H. tho peuiteniiAy for not ts than
than twenty years
Tie Committee Of opinion that orscienry would
have rendered himself smenabe 10 TIE penalties OF a lac.
l.. A Ill H.
us 81 Ia II. camp h duty te,psef sb,y t,e
ConHiii5n ant iac cfhh ora STATE oy delivering NO us.
tive sagos Their owncs INSTEAD ofhssin the nacton at
thu penalties u a violated law"
No South Carolina lirc-ea.er ever went further
than this. state rights, State sovereignty
Secession, armed Rebellion, are logical con5c.
queDccs Of these premises. 1t il ease stated
a law of the United States prescrlbes dqty
which a law of Kentucky iorbids to be done.
ono or tho other must yield. Either the Statc
is supreme or TIE Federal Government il
supreme. lt is impossible to obey both. Loyalty
is on one eide; infinite possibilities Of treason
on The other; but Kentucky stands for the State
ana BY the solemn resolution of her House of
Representatives. defes tho Union, and summons
the President 10 indorse her opinion. lie can
not restore Col. MciIcnry to command without
indorsing it, for Kentucky demonis his rcstOra.
ton because no obeyed tho Slato law and dis.
obcycd the United States law.
The Administration listened long and yielded
often to tho voice of Kentucky in 1861 aud
1862 Bordcr-State couuscls swaycd tho Presi.
dent, aud Kentucky was always the leader OF
tho Eorder.State cabal. Her loyalty had it's