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[398] government was taken by President Lincoln on July 5, 1864, when he issued a proclamation establishing martial law throughout the state, and the suspension of the writ of habeas corpus. Civil proceedings were allowed to be continued, ‘which did not affect the military operations or the constituted authorities of the Government of the United States.’ Arrests of individuals by military force soon commenced, and a large number of eminent Kentuckians of all professions and pursuits were imprisoned. A group of persons, consisting of judges, magistrates, wealthy merchants, and young women, without having been allowed a hearing, or trail, or any opportunity to vindicate themselves, were banished from the state. In this destruction of the unalienable right of personal liberty, the state government was passive; indeed, it was powerless to resist.

A state election was to be held on the first Monday of August for local officers and a Judge of the High Court of Appeals from one district. Chief Justice Duvall was one of the two candidates. On July 29th an order was issued by the Major General, commanding, to the sheriffs of the counties concerned, as follows:

You will not allow the name of Alvin Duvall to appear upon the poll-books as a candidate for office at the coming election.

Another name was substituted. The election of a President of the United States was to be held in November, but the government of the United States seems to have regarded the vote of the state as unnecessary to secure the reelection of its officials, and refrained from interference. Under these circumstances, the governor of the state took courage and issued a proclamation to the election officers. It is of no importance except as showing their powers and duties, and how grossly they had neglected them at previous elections. He said:

As no officer of any rank, from the President down, has any right or authority to interfere with elections, no order to do so can legalize the act. If there be sufficient power in the citizens present, at any place where such interference may be attempted, to arrest the offenders, and hold them over to answer to the violated laws, it will be the duty of the sheriff to make the arrest in such case. He has authority to require the aid of every citizen, and it should be readily and promptly given, in defense of a common right—of a blood-bought franchise. If the force employed to interfere with the election be too great, at any place of voting, to be arrested, the officers of election, in such case, should adjourn and not proceed with the election. If you are unable to hold a free election, your duty is to hold none at all.

By enlistment, over twenty-two thousand of the most valuable slaves in the state had gone into the service of the United States, and on March 3, 1865, its Congress passed an act declaring that the wives and children

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