Volney Baker to Cicero Maxwell

Accession Number

KYR-0001-003-0083

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

BR5-142 to BR5-143

Place of Creation

Smithland, Livingston County, Kentucky

Date of Creation

5 April 1864

Dates Mentioned

1864-04-05

1863-08

1864-04-22

1864-04-14

1864-04-18

1864-04-21

1864-04-12

1864

Volney Baker to Cicero Maxwell, 5 April 1864, Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Military Correspondence, 1863-1867, BR5-142 to BR5-143, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-003-0083, (accessed December 27, 2024).

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Head Qts U S Forces
Smithland Kentucky
April 5^th 1864
C Maxwell
Co C Comdg S, W, Ky
Bowling Green
Col:

I will lay before you, for your consideration, a matter, which I think should be attended to --

At the August Election, 1863, and in compliance with an order issued by Lieut Col Johnson; who acted under the orders of Col Foster (65^th Ind Vols) and who was at the time Comdg the Post here; Judges were appointed and sworn, to act agreeable, and according to Col Johnsons order, the tenor of which, was to let no one vote who was not in every respect, a truly Loyal citizen; unless he would first take the oath This exaction was made by the Marshal law then controlling, and the Judges acted in obedience to its orders

During last cont, all the Judges presented to the Grand jury, which was Entirely secession; and two of the men, who presented the Judges were the, Circuit Judge, and the County Judge -- The Entire Court was one of treason, and numbrd out with traitors; and unless there is measures adopted for the benefit of
the Judges they will be apt to suffer, from the hands of such treasonable members which invariably form the Court here -- The Judges have appealed to me for assistance from the Military; and I am disposed ^to^ think that it would be nothing more than what we should do; since they were acting in obedience to Military law, and thus got themselves into the predicament; and therefore I think the Military should get them out -- I am anxious to interfere in their be half, if I can legally do so; and information from you will decide that point

The meanest set of secessionists that ever Existed under the canopy of Heaven, live in this immediate section of Ky; and we must adopt means, & severe ones too, to prevent a resistance which is almost sure to take place sooner or later, unless prevented

I will await your suggestions relative to this matter; and will surely try to execute any orders I may receive from you --

If I had another Company here, I could pick up a number of guerrillas across the Tenn river - Can get a Gun Boat to assist me at any time

I am Sir Your Obdt Sevt
Volney Baker Capt
Commdg Post

H^d Q^rs U. S. Forces
Smithland, Ky.
April 5^th 1864

Baker, Capt. Volney
Com'd'g Post.

Relative to the Court at that place -- its members being traitors. Asks permission to interfere in behalf of legal authority, in obedience to appeal from the Judges for assistance.

Head Quarters 2^d Div Disrt Ky
Munfordville April 22^d 1864

Respectfully returned thro. Head quarters 2" Brigade and attention called to the order of Genl Burbridge

By command of Brig Genl Hugh Ewing

E B [Harbeson]
a. a. a. G

Rec'd (D. of K) April 14^th 1864

H^d Qu. Dist. of Ky
Louisville, April 18. 1864

Respectfully returned.

The prosecution herein referred to being by Indictment, under the penal laws of the state, any fine inflicted would be for the benefit of the Commonwealth and the Prosecuting Attorney. The Governor has the power to pardon the offence Even before Judgment. This paper has been submitted to him and he gives direct assurances that if copies of the Indictments are forwarded to him, he will at once send the parties a pardon. It will be attended to without delay.

By order of Genl Burbridge
Thos. B. Fairleigh, Lt Col
J a a a G

Recd Back (2^d Div D K) April 21^st 1864

Head -- Quarters, Second Brigade
Second Division, District of Kentucky
Bowling green, Ky. Apr. 12, 1864

L. B. 2^dDiv D o K) 1864

Respectfully forwarded to Brig Gen Ewing it seems to me that the suggestions herein made are only suitible, and while I would not counsel any illegal, improper interferences with the courts something ought to be done if possible to protect loyal men from the machinations of traitors who disgrace the judicial union

C. Maxwell, Col. 26th Ky. Vol's,
com'd'g second Brigade
Sec. Div., District of Ky.
Recd (2" Div. D. K) April 12" 1864

Head Quarters 2^d Div Disct of Ky,
Munfordville April 12^th 1864

Respectfully forwarded for instructions in the prosecution

Hugh Ewing
Brig Gen
Com Div

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Head Qts U S Forces
Smithland Kentucky
April 5^th 1864
C Maxwell
Co C Comdg S. W. Ky
Bowling Green
Col:

I will lay before you, for your consideration, a matter, which I think should be attended to --

During last cout, all the Judges presented to the Grand jury, which was Entirely secession; and two of the men, who presented the Judges were the, Circuit Judge, and the County Judge -- The entire Court was one of treason, and numberd out with traitors; and unless there is measures adopted for the benefit of
the Judges they will be apt to suffer, from the hands of such treasonable members which invariably form the Court here -- The Judges have appealed to me for assistance from the Military; and I am disposed ^to^ think that it would be nothing more than what we should do; since they were acting in obedience to Military law, and thus got themselves into the predicament; and therefore I think the military should get them out -- I am anxious to interfere in their be half, if I can legally do so; and information from you will decide that point

The meanest set of secessionists that ever existed under the canopy of Heaven, live in this immediate section of Ky; and we must adopt means, & severe ones too, to prevent a resistance which is almost sure to take place sooner or later, unless prevented

I will await your suggestions relative to this matter; and will surely try to execute any orders I may receive from you --

If I had another Company here, I could pick up a number of guerrillas across the Tenn river -- Can get a Gun boat to assist me at any time

I am Sir your Obdt Sert
Volney Baker Capt
Commdg Post

H^d Q^rs U. S. Forces
Smithland, Ky.
April 5^th 1864

Baker, Capt. Volney
Com'd'g Post.

Relative to the Court at that place -- its members being traitors. Asks permission to interfere in behalf of legal authorities, in obedience to appeal from the Judges for assistance

Head Quarters 2^d Div Disrt Ky
Munfordville April 22^d 1864

Respectfully returned thro. Head Quarters 2" Brigade and attention called to the order of Genl Burnbridge --

By command of Brig Genl Hugh Ewing
E B Harbeson
A. A. A. G

Rec'd (D. of K) April 14" 1864

H^d Qu. Dist. of Ky
Louisville, April 18. 1864

Respectfully returned.

The prosecution herein referred to being by Indictment, under the penal laws of the State, any fine inflicted would be for the benefit of the Commonwealth and the Prosecuting Attorney. The Governor has the power to pardon the offence Even before Judgment. This paper has been submitted to him and he gives direct assurances that if copies of the Indictments are forwarded to him, he will at once send the parties a pardon. It will be attended to without delay.

By order of Genl Burnbridge
Thos. B. Fairleigh, Lt Col
J a a a G

Recd Back) 2^d Div D K) April 21^st 1864

Head-Quarters, Second Brigade
Second Division, District of Kentucky
Bowling Green, Ky. Apr 12, 1864
L. B. 2^d Div D o K) 1864

Respectfully forwarded to Brig Gen. Ewing it seems to me that the suggestions herein made are only suitible, and while I would not counsel any illegal, improper interference with the county something ought to be done if possible to protect loyal men from the machinations of traitors who disgrace the judicial union

C. Maxwell, Col. 26th Ky Vol's
com'dg second Brigade
Sec. Div., District of Ky.
Recd (2" Div. D. K/ April 12" 1864

Head Quarters 2^d Div Disct of Ky,
Munfordville April 12^th 1864

Respectfully forwarded for instructions in the premisses

Hugh Ewing
Brig Gen
Com Div

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