Whereas, the Federal Constitution, which created the Government of the United States, was declared
by the framers thereof to be the supreme law of the land, and was intended to limit and did expressly limit the powers of
said Government to certain general specified purposes, and did expressly reserve to the States and people all other powers
whatever, and the President and Congress have treated this supreme law of the Union with contempt and usurped to themselves
the power to interfere with the rights and liberties of the States and the people against the expressed provisions of the
Constitution, and have thus substituted for the highest forms of national liberty and constitutional government a central
despotism founded upon the ignorant prejudices of the masses of Northern society, and instead of giving protection with the
Constitution to the people of fifteen States of this Union have turned loose upon them the unrestrained and raging passions
of mobs and fanatics, and because we now seek to hold our liberties, our property, our homes, and our families under the protection
of the reserved powers of the States, have blockaded our ports, invaded our soil, and waged war upon our people for the purpose
of subjugating us to their will; and
Whereas, our honor and our duty to posterity demand that we shall not relinquish our own liberty and
shall not abandon the right of our descendants and the world to the inestimable blessings of constitutional government: Therefore,
Be it ordained, That we do hereby forever sever our connection with the Government of the United States,
and in the name of the people we do hereby declare Kentucky to be a free and independent State, clothed with all power to
fix her own destiny and to secure her own rights and liberties.
And whereas, the majority of the Legislature of Kentucky have violated their most solemn pledges made
before the election, and deceived and betrayed the people; have abandoned the position of neutrality assumed by themselves
and the people, and invited into the State the organized armies of Lincoln; have abdicated the Government in favor of a military
despotism which they have placed around themselves, but cannot control, and have abandoned the duty of shielding the citizen
with their protection; have thrown upon our people and the State the horrors and ravages of war, instead of attempting to
preserve the peace, and have voted men and money for the war waged by the North for the destruction of our constitutional
rights; have violated the expressed words of the constitution by borrowing five millions of money for the support of the war
without a vote of the people; have permitted the arrest and imprisonment of our citizens, and transferred the constitutional
prerogatives of the Executive to a military commission of partisans; have seen the writ of habeus corpus susupended without
an effort for its preservation, and permitted our people to be driven in exile from their homes; have subjected our property
to confiscation and our persons to confinement in the penitentiary as felons, because we may choose to take part in a cause
for civil liberty and constitutional government against a sectional majority waging war agasint the people and institutions
of fifteen independent States of the old Federal Union, and have done all these things deliberately against the warnings and
vetoes of the Governor and the solemn remonstrances of the minority in the Senate and House of Representatives: Therefore,
Be it further ordained, That the unconstitutional edicts of a factious majority of a Legislature thus
false to their pledges, their honor, and their interests are not law, and that such a government is unworthy of the support
of a brave and free people, and that we do therefore declare that the people are thereby absolved from all allegiance to said
government, and that they have a right to establish any government which to them may seem best adapted to the preservation
of their rights and liberties.
SECTION 1. The supreme executive and legislative power of the provisional government of the Commonwealth
hereby established shall be vested in a Governor and ten Councilmen, one from each of the present Congressional districts,
a majority of whom shall constitute a quorum to transact business; the Governor and councilmen to be elected by the members
of this convention in such manner as may be prescribed by this convention.
SEC. 2. The Governor and Council are hereby invested with full power to pass all laws necessary to
effect the objects contemplated by the formation of this government. They shall have full control of the army and navy of
this Commonwealth and the militia thereof.
SEC. 3. No law shall be passed, or act done, or appointment made, either civil or military, by the
provisional government except with the concurrence of a majority, by the provisional government except with the concurrence
of a majority of the Council and approval of the Governor, except as herein specially provided.
SEC. 4. In case of a vacancy in the gubernatorial office occasioned by the death, resignation, or any
other cause, the Council shall have power to elect a Governor as his successor, who shall not, however, be a member of their
body.
SEC. 5. The Council hereby established shall consist of one person selected from each Congressional
district in the State, to be chosen by this convention, who shall have power to fill all vacancies from any cause from the
district in which such vacancy shall occur.
SEC. 6. The Council shall have power to pass any acts which they may deem essential to the preservation
of our liberty and the protection of our rights, and such acts, when approved by the Governor, shall become law and as such
shall be sustained by the courts and other departments of the government.
SEC. 7. The Governor shall nominate and, by and with the advice and consent of the Council, shall appoint
all judicial and executive rs necessary for the enforcement of law and the protection of society under the extraordinary circumstances
now existing, who shall continue in office during the pleasure of the Governor and Council, or until the establishment of
a permanent government.
SEC. 8. The Governor shall have power, by and with the consent and advice of the Council, to conclude
a treaty with the Confederate States of America, by which the State of Kentucky may be admitted as one of said Confederate
States upon an equal footing in all respects with the other States of said Confederacy.
SEC. 9. That three commissioners shall be appointed by this convention to the Government of the Confederate
States of America, with power to negotiate and treat with said Confederate States for the earliest practicable admission of
Kentucky into the Government of said Confederate States of America, who shall report the result of their mission to the Governor
and Council of this provisional government for such future action as may be deemed advisable; and should less than the full
number attend, such as may attend may conduct such negotiation.
SEC. 10. So soon as an election can be held free from the influence of the armies of the United States,
the provisional government shall provide for the assembling of a convention to adopt such measures as may be necessary and
expedient for the restoration of a permanent government; said convention shall consist of 100 delegates, one from each Representative
district in the State, except the counties of Mason and Kenton, each of which shall be entitled to two delegates.
SEC. 11. An auditor and treasurer shall be appointed by the provisional government, whose duties shall
be prescribed by law, and who shall give bond with sufficient security for the faithful discharge of the duties of the respective
officers, to be approved by the Governor and Council.
SEC. 12. The following oath shall be taken by the Governor, members of the Councill other officers,
civil and military, who may be commissioned and appointed by this provisional government:
I, ---------, do solemnly swear (or affirm) in the presence of Almighty God, and upon my honor,
that I will observe and obey all laws passed by the provisional government of Kentucky: So help me God.
SEC. 13. The Governor shall receive as his salary $2,000 pr annum, and the Councilmen $5 per diem while
in session, and the salary of the other officers shall be fixed by law.
SEC. 14. The constitution and laws of Kentucky not inconsistent with the acts of this convention and
the establishment of this government, and the laws which may be enacted by the Governor and Council, shall be the laws of
this State.
SEC. 15. That whenever the Governor and Council shall have concluded a treasury with the Confederate
States of America for the admission of this State into the Confederate Government, that the Governor and Councils hall elect
two Senators and provide by law for the election of members of the House of Representatives in Congress.
SEC. 16. The provisional government hereby established shall be located at Bowling Green Ky., but the
Governor and Council shall have power to meet at any other place that they may consider appropriate.
Done at Russellville, in the State of Kentucky, this 20th day of November, A. D. 1861.