Greenup and Carter County Expatriates

On March 11, 1862, Kentucky passed the "Expatriation Act of 1862". The act amended Chapter 15 of the Revised Statutes, entitled “Citizens, Expatriation, and Aliens,” to the effect that any citizen of Kentucky, "who shall enter into the service of the so-called Confederate States, in either a civil or military capacity, 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 State of Kentucky, or shall give voluntary aid and assistance to those in arms against said forces, shall be deemed to have expatriated himself, and shall no long be a citizen of Kentucky, nor shall he again be a citizen, except by permission of the Legislature by a general or special statue."

On February 3, 1864, John Boyle, Adjutant General of Kentucky, sent a letter to each county in the state, requesting a report in regard to the number of men in the Enrolled Militia of each respective county who were expatriated by Legislative action of 1862, for adhering to the rebellion.

On February 22, 1864, Judge John Seaton of Greenup County complied with Boyle's request.

Judge John Seaton

Greenup Ky, U.S.A.
February 22, 1864

John Boyle
Adjutant General  ~ Dear Sir,
I enclose herewith, I think, a current list of all the persons who left Greenup County and joined the rebellion -

First those who have not returned

1 Anglin, James

2 Byrne, Peyton B. *

3 Bevins, Henry

4 Biggs, George

5 Clifton, Will H. *

6 Campbell, William

7 Campbell, Vincent

8 Hall, Saml.

9 Kendall, Travis

10 Keattey, Thomas

11 McCoy, John *

12 McComes, B. Jeff. *

13 Rust, Heny M. (killed) *

14 Womack, Jack (Died or killed)

15 Tanner, John, jr.

16 Waring, Richard

17 Imyford, John P. *


Second - those who returned after April 11-1862

1 Blenttinger, Joseph

2 Cooper, John J.

3 Cooper, Ranson W.

4 Clifton, Danl. jr. now a member of 40th Ky Mounted Infantry

5 Huffman, Ambrose now a Member of 2nd Ky Cavalry (Union)

6 Huffman, Jacob

7 Huffman, Aaron

8 Huffman, Ben. F.

9 Huffman, Henry

10 Honaker, Martin

11 Gibbs, Robert

12 Kouns, George

13 Womack, Charles

14 John J. Ratcliffe *


* John J. Ratcliffe returned February 1864 & took the amnesty oath


Third

Will. S. Kouns * returned before April 1862  He was a Capt. of a Company State Guards before he left - was Rebel capt. or officer a short time - under bonds in Covington and a rank rebel now & forever.

* Eight marked thus left in 1861 - the others in 1862


Recapitulation

17 left who have not returned

14 returned after April 11-1862

1 returned before April 11-1862

23 total who joined the rebellion from Greenup

8 of said members left in 1861 the others in 1862

1 John J. Ratcliffe took amnesty oath Feby 1864


The following persons, residents of Carter County, who live near the Greenup County line joined the rebellion

1 Butram, Redin

2 Gibbs, James (died in Dixie)

3 Huffman, George

4 Huffman, Samuel

5 Huffman, Joseph

6 Huffman, Solomon

7 Duncan, Edw. Ray

all returned after April 11 -1862 except Gibbs who died and George Huffman who has not yet returned.


I heard, not sufficiently reliable, within a few days past that several of those who, whose names are on this paper, have recently started again for the rebellion.

I have not yet had the list completed of those who joined the U. S. army from this county - will try to have it done and put down ~ I think this list will number near 1000 if not over.

Yours
"For the Union at all hazards"
John Seaton
Presiding Judge of Greenup Co


Additional Information
John Seaton was born on July 25, 1823, in the old Boone House near Greenup. In 1849, his father Samuel Seaton built New Hampshire Furnace (twelve miles west of Greenup). John Seaton was an accountant, deputy clerk, county commissioner, as well as a master commissioner in chancery for several years and was licensed to practice law. In 1862, he was elected as a Union man to the office of county judge of Greenup and served until 1866. In 1864, he supported Lincoln's re-election. He supported the
Republican party and voted for the 13th, 14th and 15th Amendment. He died on December 1, 1910.

It may be noted that when the Democrats prevailed in the August 1866 election, one of their first acts was to repeal the Expatriation Act of 1862, thus restoring the citizenship of ex-Confederate soldiers. The act was also ruled unconstitutional.

A legislative act can not make voluntary rebellion involuntary expatriation.
Burkett v. McCarty, 1 Ky. Opin. 100.

The act known as the "Expatriation Act," approved March 16, 1862, was unconstitutional.
Burkett v. McCarty, 1 Ky. Opin. 100.

A citizen may, with the consent of his state, express or presumed, expatriate himself, but no mere act of state legislation can per se denationalize him without his concurrence.
Burkett v. McCarty, 1 Ky. Opin. 100.

Expatriation because of commission of certain acts is a punishment which can not be inflicted without judicial conviction of some crime or act denounced by legislation as a forfeiture of citizenship, any more than a bill of attainder without judicial conviction can constitutionally punish a citizen.
Burkett v. McCarty, 1 Ky. Opin. 100.

Article researched and letter transcribed by Marlitta H. Perkins, October 2012, are under full copyright. Copyright © 2012. All Rights Reserved.