Daniel Mooar to Beriah Magoffin

KYR-0001-020-1322.xml

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Citation
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Accession Number

KYR-0001-020-1322

Document Genre

Correspondence

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862

Item Location

MG21-222 to MG21-223

Place of Creation

Covington, Kenton County, Kentucky

Date of Creation

21 August 1861

Dates Mentioned

1861-08-21

1860-08

1860-12

1861-08-23

Daniel Mooar to Beriah Magoffin, 21 August 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG21-222 to MG21-223, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1322, (accessed April 27, 2024).

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Covington Ky. Aug. 21. 1861
Hon. B. Magoffin
Gov.. Kentucky
Dear Sir

The constitution of Kentucky (Art. 2. Sec. 5.) provides, "That the general assembly shall divide each County into convenient election precincts, or, may delegate power to do so to such County authorities as may be designated by law".

Under this power the legislature appointed County Commissioners to lay this County off into districts, which they did, dividing the City of Covington into two. Subsequently the legislature passed an act authorizing the City Council to establish two additional precincts, which they did, by dividing each, of the two established by the Commissioners. This power could not in my judgment, under the Constitution, be delegated to the City Council. But be that as it may, at the Aug. election 1860, I being entitled to a vote, went and ^voted^ in my district as laid off by the Commissioners. But it
turned out that my residence was within the boundaries of one of the new districts established by the City Council. Some sixty or seventy others made the same mistake and we were all indicted; and the Court ruling that the power was properly deligated to the City Council to make new districts, I confessed judgment for the penalty, ($50.) and thus the matter stands.

Under the circumstances I think that I am entitled to executive clemency, and ask that the fine be remitted. I mentioned the matter to you last winter, while attending the Court of appeals, and you requested me to make a statement in writing and send you, which I promised to do, but have neglected it until now --

Yours Truly
D. Mooar

P. S. The judgment was rendered at the Dec. Term of the Kenton Circuit Court 1860.

Kenton Cir Ct
$50. } Illegal voting
D. Mooar
Iss^d Aug 23^d 1861

Remitted
B. M

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