The power of III

Summum ius summa iniuria--More law, less justice
--Cicero.

20 November 2010

This date in history: November 20, 1861

Flags of "the Orphan Brigade"

Kentucky Ordinance of Secession

Whereas, the Federal Constitution, which created the Government of the United States, was declared by the framers thereof to be the supreme law of the land, and was intended to limit and did expressly limit the powers of said Government to certain general specified purposes, and did expressly reserve to the States and people all other powers whatever, and the President and Congress have treated this supreme law of the Union with contempt and usurped to themselves the power to interfere with the rights and liberties of the States and the people against the expressed provisions of the Constitution, and have thus substituted for the highest forms of national liberty and constitutional government a central despotism founded upon the ignorant prejudices of the masses of Northern society, and instead of giving protection with the Constitution to the people of fifteen States of this Union have turned loose upon them the unrestrained and raging passions of mobs and fanatics, and because we now seek to hold our liberties, our property, our homes, and our families under the protection of the reserved powers of the States, have blockaded our ports, invaded our soil, and waged war upon our people for the purpose of subjugating us to their will; and


Whereas, our honor and our duty to posterity demand that we shall not relinquish our own liberty and shall not abandon the right of our descendants and the world to the inestimable blessings of constitutional government: Therefore,


Be it ordained, That we do hereby forever sever our connection with the Government of the United States, and in the name of the people we do hereby declare Kentucky to be a free and independent State, clothed with all power to fix her own destiny and to secure her own rights and liberties.
And whereas, the majority of the Legislature of Kentucky have violated their most solemn pledges made before the election, and deceived and betrayed the people; have abandoned the position of neutrality assumed by themselves and the people, and invited into the State the organized armies of Lincoln; have abdicated the Government in favor of a military despotism which they have placed around themselves, but cannot control, and have abandoned the duty of shielding the citizen with their protection; have thrown upon our people and the State the horrors and ravages of war, instead of attempting to preserve the peace, and have voted men and money for the war waged by the North for the destruction of our constitutional rights; have violated the expressed words of the constitution by borrowing five millions of money for the support of the war without a vote of the people; have permitted the arrest and imprisonment of our citizens, and transferred the constitutional prerogatives of the Executive to a military commission of partisans; have seen the writ of habeus corpus susupended without an effort for its preservation, and permitted our people to be driven in exile from their homes; have subjected our property to confiscation and our persons to confinement in the penitentiary as felons, because we may choose to take part in a cause for civil liberty and constitutional government against a sectional majority waging war agasint the people and institutions of fifteen independent States of the old Federal Union, and have done all these things deliberately against the warnings and vetoes of the Governor and the solemn remonstrances of the minority in the Senate and House of Representatives: Therefore,


Be it further ordained, That the unconstitutional edicts of a factious majority of a Legislature thus false to their pledges, their honor, and their interests are not law, and that such a government is unworthy of the support of a brave and free people, and that we do therefore declare that the people are thereby absolved from all allegiance to said government, and that they have a right to establish any government which to them may seem best adapted to the preservation of their rights and liberties.


Note:  references are to Constitutional violations, abrogations of the Oath in their own Legislature, and their own Natural Rights being violated.  This is what motivated the private soldier of the Confederacy.

1 comment:

  1. A date this Kentuckian remembers with pride!
    I once lived near Russellville, where the secession ordinance was adopted.
    Now if Kentucky could only hold another such convention some day soon..!

    ReplyDelete