Thomas E. Bramlette, Proclamation

Accession Number

KYR-0001-001-0012

Document Genre

Proclamation/Legislation

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Proclamations, 1863-1865

Item Location

BR1-361

Place of Creation

Frankfort, Franklin County, Kentucky

Date of Creation

22 July 1864

Dates Mentioned

1864-07-22

1864-08

1862-03-11

1862-04-10

Thomas E. Bramlette, Proclamation, 22 July 1864, Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Proclamations, 1863-1865, BR1-361, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-001-0012, (accessed December 25, 2024).

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PROCLAMATION.

EXECUTIVE OFFICE,
Frankfort, Ky., July 22, 1864.

To the Officers of Elections and Citizens of Kentucky:

On the 1st Monday in August next an election throughout the State, will be held, to fill various important county and district offices.

The Constitution makes it the duty of the Chief Executive "to take care that the laws be faithfully executed."

This duty can only be performed through the agencies given by law for their execution. All laws must be "executed" through the appointed agents, and in the manner prescribed by law, otherwise the pretended execution will be a violation of law.

The officers of election are the only agents through whom the elections, under the Constitution and laws, can be lawfully conducted.

It is the duty of the officers of election to see that it be conducted in conformity with the Constitution and laws of the State. The right of free suffrage is secured to every citizen having the legal qulifications to vote, and adequate penalties are denounced against "all undue influence thereon from power, bribery, tumult, or other improper practices."

Every good citizen, who would preserve the right of "free suffrage," should give his assistance, when required, to aid the Officers of election in the faithful discharge of their duties, according to law.

The Officers of Election, legally appointed, have the exclusive right to determine whether any one who demands to vote, has the requisite qualifications fixed by the Constitution and laws; and any attempt, directly or indirectly, to interfere with or control the exercise of that discretion; or any imposition by them or by others of any test or oath upon the voter, other than that prescribed by law, will be a violation of the law, and an infraction of the right of "free suffrage;" and will subject the offender, whoever he may be, to the penalties fixed by law. As all the citizens have a common, as well as an individual, interest in preserving "free suffrage" to those by law entitled thereto, I appeal to all, regardless of their political, partizan, or personal preferences, to give their earnest aid in and co-operation to the faithful execution of the election laws. Bear in mind, that each should have his qualifications tested by the rules prescribed by law, and that, while it is in the discretion of the judges and officers of election to require of every voter to submit alike to every legal test, yet, any test or oath not prescribed by law cannot be imposed upon any voter; and the imposition of any unlawful test to the exclusion of a voter, stamps perjury upon the soul of such officers, and subjects them to the penalties denounced by law. Trusting that the officers and citizens will honestly and faithfully obsere the laws, I propose to direct your attention to the only tests which can be legally imposed.

The Constitution declares that, "every free white MALE CITIZEN of the age of 2[...] years, who has resided in the State two years; or in the county, town, or city, in which he offers to vote, one year next preceding the election, shall be a voter; but such voter shall have been, for sixty days next preceding the election, a resident of the precinct in which he offers to vote, and he shall vote in said precinct, and not elsewhere."

To be qualified to vote, the person must be free -- must be white -- must be a male -- must be a CITIZEN, either native born or naturalized, and have the residence of two years in the State, and sixty days in the precinct; or one year in the county, town, or city, and sixty days in the precinct where he offers to vote.

If any one of these tests be wanting the voter should be excluded.

When officers of elections do not know a person, offering to vote, to be a qualified elector, it is their duty to interrogate him under oath as to his qualification. "If from his statement he appears to be qualified he shall be admitted to vote, unless his right is disputed by one of the Judges or Sheriff, or some other person present. If so disputed, the Judges shall hear witnesses, not exceeding two in number on each side, as to his quaifications, and decide as may appear right from the proof and the statements of the party." I. Revised Statutes, 434. Rules by which officers are to determine the residence and citizenship of an elector, are prescribed in Article 3, Chap. 32, page 432 to 435, vol. 1, Revised Statutes.

CITIZENSHIP, whether by birthright or naturalization, is lost, and all right to vote, by committing the offenses embraced in the act approved March 11, 1862, known as the law of Expatriation, viz:

Chapter 509 -- AN ACT to amend chapter 15 of the Revised Statutes, entitled "Citizens, Expatriation, and Aliens."

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That any citizen of this State who shall enter into the service of the so-called Confederate States, in either a civil or military capactiy or into the service of the so-called Provisional Government of Kentucky, in either a civil or military capacity, or having heretofore entered such service of either the Confederate States or Provisional Government, shall continue in such service after this act takes effect, or shall take up or continue in arms against the military forces of the United States or the State of Kentucky, or shall give voluntary aid and assistance to those in arms against said forces shall be deemed to have expatriated himself [...] shall no longer be a citizen of Kentucky, [...] he again be a citizen, except by permis [...] Legislature, by a general or specia [...]

§ 2. That whenever a per[...] called on to exercise [...] or legal rights and privileges [...] citizens of Kentucky, he may be re[...]tive on oath the expatriation provided [...] section of this act; and upon his failure [...]sal to do so, shall not be permitted to exercises [...] such right or privilege.

§ 3. This act to be of force in thirty days from and after its passage.

If an applicant to vote is believed to come within the provisions of the Expatriation act aforesaid, he should be required to negative, on oath, the facts set forth in the 1st section as disqualification. In times like the present, in many localities, it would not be an improper excercise of caution, to require all applicants to negative on oath the acts which expatriate those who commit them. But under pain of violating the law, let nothing be added to, or diminished from the oath prescribed by law. The law requires that the person offering to vote should state on oath, -- that he has not entered into the service of the so-called Confederate States, in either a civil or military capacity, nor into the service of the so-called Provisional Government of Kentucky, in either a civil or military capacity, since the 10th day of April, 1862, nor has he continued in such service since that date; nor has he taken up, or continued in arms, nor has he given since that date any voluntary aid and assistance to those in arms against the United Staes or the State of Kentucky.

This embraces all that any voter upon the subject of expatriation can be lawfully required to state on oath. The embodying of any other facts will be violation of the law, and of the oath and duty of the officers of elections.

These rules embody the existing law in regard to all elections in Kentucky, except that, at a Presidential election, the soldiers of the State are allowed, by express statute, to vote in their respective camps.

As the Chief Executive, I enjoin upon all officers charged with the execution of the law a faithful observance thereof; and invoke the assistance of all good citizens, as they would preserve their chartered liberties, cordially to assist the constituted authroities to "take care that the laws be faithfully executed."

THOS. E. BRAMLETTE.

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