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.

The Arrest of Daniel K. Weis - August 1862

On August 4, 1862, elections were held in Kentucky to fill district and county offices. They were the first elections to take place since the state had entered the Civil War and were considered an important indicator in regard to the general feeling of the state.


Boyd County candidates in the 1862 Elections
Sandy Valley Advocate, July 31, 1862
On July 21, 1862, Brigadier-General Boyle, commander of the District of Kentucky, issued General Orders No. 5 – “No person hostile in opinion to the Government, and desiring its overthrow, will be allowed to stand office in the District of Kentucky. The attempt of such a person to stand for office will be regarded as is itself sufficient evidence of his treasonable intent to warrant his arrest. He, who desires the overthrow of the Government, can seek office under the Government only to promote its overthrow. In seeking office, he becomes an active traitor, if he has never become one otherwise, and, is liable, both in reason and in law, to be treated accordingly. All persons of this description, who persist in offering themselves as candidates for office, will be arrested and sent to these headquarters.”

In order to weed out secessionists from loyal citizens, the authorities relied on the Expatriation Act, passed by the Kentucky legislature on March 11, 1862, requiring that every person who came to the polls to vote should take an oath "that he has not entered into the service of the Confederate States, nor of the so-called provisional government of Kentucky, in either a civil or military capacity…”

Captain Charles G. Matchett, Co. G, 40th Ohio Infantry, Provost Marshall at Catlettsburg, promptly published the full Expatriation Act in the Sandy Valley Advocate, along with General Order No. 4, warning the citizens that force would be used to enforce the act to the fullest spirit and intend.

Critics regarded Boyle’s order and the enforcement of the Expatriation Act as an unwarranted exercise of authority by the military as well as an attempt to control and influence the outcome of the elections. Supporters considered it, “the most serious duty to all loyal citizens to see that the spirit of that bill is fully complied with … Let no man vote who has been a traitor to his country – who has been so recreant to the obligations of a good citizen, that the Legislature has been compelled to guard the purity of the elective franchise against his assault.”

On election day, Daniel K. Weis, a lawyer, former state senator from Carter County, and leading community leader of Ashland who had facilitated the formation of the Kentucky, Iron, Coal & Manufacturing Co., went to the polls to vote but was promptly challenged. According to the Maysville Eagle, an “Ohio Captain, acting as Provost Marshal of Ashland, had announced that all challenged persons would be required to take a certain oath prescribed by himself, the oath being different from that required by the Election-Extradition laws of Kentucky. Mr. Weis went to the polls to vote for Union men, as he has always heretofore done, but was challenged of the ground of disloyalty. He was willing to negative on oath the propositions of the Kentucky laws, but declined to take the oath prescribed by the Ohio Captain, and the judges refused to permit him to vote.” Weis instituted a civil suit against the Judges of Election. “For this perfectly legal proceeding he was arrested and sent to the military prison at Louisville,” noted the Maysville Eagle. "On last Thursday night, D. K. Weis, of Ashland, passed down the river under arrest by the military authorities.” Within days of his arrest, Weis was released by Gen. Boyle, upon giving bond and security to the United States in the sum of $5,000, taking the oath of allegiance, and dismissing the suit against the Judges.


This specific article was researched and written by Marlitta H. Perkins, August 2011, and is under full copyright. Copyright © 2011, All Rights Reserved.