, 1865-10-17
THE KENTUCKY 1MBROGLIO.
Gen. ralnler'a Reply to His Accuacrs
GEN. fAIMEa's REPLY TO G. SMITH.
WAsH1NaTos, D. c., Oct. :, 1865

|
willing to accept removal, as penalty fot
| the '.grarc mistakes" committed By INC. In.
decd, l Will 20 further, anl say, that IL after
| an examination OF the complaints against me-,
| 1t shall appear flat there Is mere quarrel fol
place, desire that 1t sLall be decided against
ne. ! wish TO leave all such disputes to
| those whose tastes and inclinations lead then,
That way. Mine do not. will also coucede
| that Gen. Smith is right in saying that we,
| tncaning himself and those that think with
him, cannot recover from those mistakes uu-
der my command. If slavery is to be reeog-
nixed, protected and defended in Kentucky,
Gen. Smith and other friends Of the system do
right in asking my removal, slayery acannot
recover" under my administration. It drove
nc from lie State iu my boyhood. It may
do it again, but 1t will receive no protection,
acknowledgment, support or counteuanco
Gsn: Smith says. "slayery, under tue laws
tsts in that State" l know nothing Of the
laws Of the United States to which he al1udes
and imugine that they have 80 fur avoided
the observation Of the National Legislature,
aud llavc for that reason escaped rcpeal. But
grant TINT there is upon the statute book
Of Kentucky as upon those Of the other Int !.
slave States, an elaborate and cruel slay !,
code; but II the presence Of. this slave code
proves the existence Of slavery In Kentucky,
the existence Of similar code upon the
statute books Of Virginia proves the existence
Of slavery there. No one ptctcnds that the
slave laws are repealed, but only that all the
persons lately, subject to them nre, By
political events Withdrawn or removed
IRON their operation aud influence. Geu,
Smith will not deny that q, 900 Slaves were
freed without the operation OF the slave laws
Of Kentucky b. entering the military seryl.e
OF the United states that 71oo0 persons, the
nf
also relieved from their operation by the joint
resolution Of the Sd Of March, a. D. 1866.
Nor that the persons that belonged 10 rebels
we're also, b. the joint operation Of law, mud
the acls OF their owners, relieved from the
influence Of the slave code Of the State Ii
these classes, numbering from reliable data
65,OlO persons, 1nny be adjudged frce without
supposing the repeal Of tho slave code, why
may not the remaining tt, ,D0, the mode
of whose emancipation has not been
pointed out They once had laws in
some Of the States agalnst witchcraft but !
They have laws In Kentucky In reference to
slavery, but in my Judgment no slaves. The
mere existence OF tue laws rs well prove the
one us the other. Slavery did not originate in
law, but in force. The laws Of Kentucky
only profess to regulate. not create slavery
Slavery did originate In force, aud when that
vital element Of force ceases 1t necessarily
perishes, Laws only provide for the safe and
judlclous application Of that requisite force.
Will not corsumc time In arguing the ques-
ton at length, but content myself with as
terting that the whole slavery system Of Ken
tucky fs subvc1ted and overthrown, and that
it In point of law and fact controls no one. In
support Of this view, will venture to quote
the imputed opinions OF both General Smith
and Governor Bramlette. They were both TO-
ported, during the late political canvass, to
hare said in their public addresses and prl-
yate conversations, that slavery Is dead In
Kentucky" II dead, 1t is somewhat difficult
to understand how it can now exist.
But the 'tpass system" Of which they CON-
plain did not assume or proceed upon the |
Idea Of the absolute uon-ex}5tepce ofslaycry
10 Kentucky, but merely upon the theory |
that there were other interests to he protect |
ed Which were Of paramount importance. II |
bad Its origin in the fact that the joint reso-
number Of persons, chiefly women and chill |
d1cn. In many cases they voluntarily aban-
lloncd, and In many others were expelled,
from their homes. Thousands came to the
city OF Louisville In search Of shelter, food |
and employment.
Their freedom was disputed by those who
eIung to slavery with nearly as much conf
If liberty. The same prcjudices against the
racc, and dislike for the means by which they
we're made free, coupled with threats of p1o-
ccntiun under State laws embarrassed the
wives aud children Of foldfcrs. The city was
u filled With them, as IN the Judgment ofthe
endangered the public health. The
Mayor and committee of the General
Council Of that city called upon nc to aid
hem in dcEfsfng some measures Of relief, and
proposed the enforcement Of the yagrant
nd other oppressive laws ngainst the racc.
Upon an examination Of the laws Of the
slate found an enactment which prohibited,
lnder heavy penalty, carriers Of passengers
ot in terms apply to free colored persons, 1t
lid in elect. by the ru1es Of law In force IN
he State, all persons OF the mixed and black
aces were presumed TO be Blayes, and their
tstiniony was, and still Is, refused In all the
'ourts and in all places. The rights OF free
oDkidc1ed, TINT carriers violated their right
Q travel with the most perfect impunlty.
'hc Ohio River, which could only be crossed
j ferries, was, under these circumstances. Us
omp1etcly blocked against the passage of
ho free as Of the Slaves, while beyond
was freedom, employment, and renlunera-
on::, To relieve the city from apprehendcd
and to enable those refugees to
lsn support, ordered the Provost Marshal
the Post OF. Louisville to Issue passes to |
Il colorcd persons who reported themselves
lt Of employment, and ordered tue owners
all steamboats,, fersy-boats, railroads and
her carriers of passengers, upon the presen-
sual fare, to transport the persons named
'trcin 10 the point Of destination designated
the pass. II may be objected that under
IFS order many Slaves escaped from the State. ]
may lie true. I had no authority or dispo-
lion 70 order an investigation Of the ques-
on Of freedom. Nor do believe had any
hcer 10 whom l could have safely trusted
e conservation Of slavery.
The fire. had right to demand from ME
at protection which slavery and slave laws
:uied them. If, In separating the free from
10 slaves, tile Determinations werc not al
ays accurate, 1t Fas the fanlt Of those who | :
aae .aeo .he separation necessary, and as the
cess otthe black population, was resolved
do nothing to prevent its rapid reduction. {
Ills order vas maar in May, 1855. On the !
OF July, the .eolorcd people gathered In
rye numbers at different points q tlle State,
q, = "a a. Gen. Smith Justly says, congrega-
any prospect of livelihood, and thcy b.
etended oWnsrs advertised them In the
FFpapets, and warned all persons
IN hiring. harboring, or having any :
ing to do with them. Hence, as
H. an.s smith nar h,mse@ i1a says they became va-
!, but people refused to hire, for fear
prosecution under the State laws for
atrtng, harboring,'' DC. The military, 50
from having. taken no steps to relieve
EN- or the white people, as be asserts, did +
clare to them and to The white people that :
eolored people bad the undoubted right to
x employment whereverit could be found, Il
o,o extend the pass system, y Of Which he n
mplains1 over the State. under which more i
IN 1o, coo co1ored natives Of the State hare
assed the Ohio, and hare found that protec-
q ana employment which was denied them :
nome; and steady stream of emigration
going On Of the same class Of persons, md
Il 20 on until some change Is made by which I
very can recover the advantages lost by =
:ntucky abandon It. 9
Gen. Smith says: "This Irregxlarity ;
1st o .o: overcome, and it must bedone I
9 part Of the military In copiunction with ,
Executive Of the state." II by thIs,
n; Smith means that steps must BE- taken .
gase hack 70 slavery what 1t has lost, he
Is YHYY Wisely In netfnrr v.,., .on, avail, ! !.