Volney Baker to Edward R. Weir

Accession Number

KYR-0001-003-0076

Document Genre

Correspondence

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Military Correspondence, 1863-1867

Item Location

BR5-115 to BR5-116

Place of Creation

Smithland, Livingston County, Kentucky

Date of Creation

18 February 1864

Dates Mentioned

1864-02-18

1864-03-07

1864-02-24

1864-03-01

Volney Baker to Edward R. Weir, 18 February 1864, Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Military Correspondence, 1863-1867, BR5-115 to BR5-116, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-003-0076, (accessed April 25, 2024).

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Head Qts U, S Forces
Smithland Ky
Feb 18 1864
Leut Col, E, R, Weir
Commanding Post
Hopkinsville
Col:

A matter was brought before me to day, which I think surely demands our consideration: especially when it is in this section of country, where treason has in the past, and even now, showes itself so plain --

Court is now in session, and a reble Court, out, and out, Judge and all -- I came very near having some trouble with the court about 2 men belonging to the 48th Ky Vols, who were in jail and had been demanded by the military at Russellville, whereupon they pointedly refused to give them up; And in consequence of their stubborn, secesh nature I had to call out about half the company The men were then acquited, and peace restord, But now, I find that all the Judges who were over the poles at august election, have
been indited by the Grand Jury, by this court simply, for conforming to Col Johnsons orders which were the same as Col Festers, and not allowing no traitor to cast a vote, or a man who had intentionally, and wilfully aided the so, called Confederate States, of America, or Provisional Government of Ky

The Judges only conformed to military and as the state is under Martial Law, above civil law I cant see how the Civil Court can indite, the Judges of the Election; And as such was occasioned by the Military. I think that the Military ought to support, the ones who have been wronged by the civil authorities -- I would like to interfere, if I can reasonably do so, in behalf of the Judges of the Election, and consequently consult your better Judgement, and will await your approval or disapproval, of my ideas

Your Obdt Servt
Volney Baker Capt
Commanding Post

Head Qrs U. S. Forces
Smithland Ky. Feb. 18" 64

Baker Volney Capt
Comdg' Post.

Represents that a Court now in session at Post is constitued of rebl Judges &c. that all the Judges over the Polls of August election have been indited by the Grand Jury for conforming with Col. Johnson's orders not allowing traitors to vote -- asks that the military authorities interfere in the case of the Judges for having complied with military orders.

Head quarters Dist. of Kentucky,
Louisville Ky. March 7. 1864.

Respectfully referred to His Excellency Thos. E. Bramlette Gov. of the state of Ky.

By order of
Brig. Genl. Burbridge,
Jno. D. Bertolette.
A. A. G.

L R B -- No -- [36 S C K] 1864

Head Quarters 35th Ky
Hopkinsville Ky Feb 24 1864

Respectfuly referred to Col. E. A Starling Comd South Western District of Kentucky for instructions

Edward R. Weir Jr
Lt Col Comd 35^th Ky Vol

Head Qurs Dist S. C. Ky
Cave City Mch 1, 64

Respectfully referred to Dist Hd Qurs

E. A. Starling
Col. 35^th Ky Inf. Comdg

Re'cd Hd. Qr D S. C. K. Mar. 1" 1864

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Head Qrts U. S Forces
Smithland Ky
Feb 18 1864
Lieut Col. E, R, Weir
Commanding Post
Hopkinsville
Col:

A Matter was brought before me to day, which I think partly demands our consideration; Especially when it is in this section of country, where treason has in the past and even now, showes itself so plain --

Court is now in session, and a reble Court, out and out, Judge and all -- I came very near having some troubles with the court about 2 men belonging to the 48^th Ky Vols, who were in jail and had been demanded by the Military at Russellville, whereupon they pointedly refused to give them up; And in consequence of their stubborn, secesh nature I had to call out about half the company The men were then acquited, and peace restord, But now, I find that all the Judges who were over the poles at August Election, have
been indited by the Grand Jury, by this court simply, for conforming to C Johnsons orders which were the same as Col Festers and not allowing no traitor to cast a vote, or a man who had intentionally and wilfully aided the so, called Confederate States, of America, or Provisional Government of Ky

The Judges only conformed to Military and as the State is under Martial Law, above civil law I cant see how the Civil Court can indite, the Judges of the Election; And as such was occasioned by the Military, I think that the Military ught to support, the ones who have been wronged by the civil authorities -- I would like to interfere, if I can reasonably do so, in behalf of the Judges of the Election, and consequently consult your better Judgement; and will await your approval or disapproval, to my ideas

Your Obdt Servt
Valery Baker Capt
Commanding Post

Head Qrs U. S. Force
Smithland Ky. Feb. 18"64

Baker Valery Capt
Comdg Post

Represents that a Court now in session at [...] is constitued of rebel Judges &c. that all the Judges on the Polls of August election have been indited by the Grand Jury for conforming with Col. Johnson's orders not allowing traitors to vote -- asks that the military authorities interfere in the case of the Judges for having complied with military orders.

Head quarters Dist. of Kentucky,
Louisville Ky. March 7. 1864.

Respectfully referred to His Excellency Thos. E. Bramlette Gov. of the State of Ky.