Charles F. Smith to Thomas, October 1, 1861

General THOMAS:

DEAR SIR: The enemy, in full retreat, are by this time in Barboursville. I am starting my men by squads to Camp Dick Robinson, and will be there myself day after to-morrow, or as quick thereafter as I

can, unless I receive different orders from you.

GENERAL ORDERS, HEADQUARTERS U. S. Forcus, Noal pS Paducah, Ky., October 1, 1861.

The following proclamation of the governor of Kentucky, and resolutions and enactments passed by the legislature of the same at its present session, are commended to the careful consideration of the people of the western part of the State, viz:

bedience to the subjoined resolution, adopted by the general assembly of the ~ ovk of Kantacky, the Government of the Confederate States, the State of – Tennessee, and all others concerned, are hereby informed that “Kentucky expects the Confederate or Tennessee troops to be withdrawn from her soil unconditionally. In testimony whereof I have hereunto set my name and caused the seal of the Commonwealth to be affixed. Done at Frankfort, this ved 13th day of September, A. li 3 tieth year of the Commonwealth. E. A n E B. MAGOFFIN. By the Governor: Tos. B. MONROE, Jr., Secretary of State.

e, “Resolved by the general assembly of the Commonwealth of Kentucky, That his excellency Governor Magoffin be, and he is hereby, instructed to inform those concerned that Kentucky expects the Confederate or Tennessee troops to be withdrawn from her soil unconditionally.” :

Whereas Kentucky has been invaded by the forces of the so-called Confederate States, and the commanders of the forces so inyading the State have insolently prescribed the conditions upon which they will withdraw, thus insulting the dignity of the State by demanding terms to which Kentucky cannot listen without dishonor: Therefore,

Resolved, That the invaders must be expelled. :

Inasmuch as there are now in Kentucky Federal troops assembled for the purpose of preserving the tranquillity of the State and of defending and protecting the people of Kentucky in the peaceful enjoyment of their lives and property: It is

Resolved, That General Robert Anderson, a native Kentuckian, who has been appointed to the command of the Department of Cumberland, be requested to take instant command, with authority and power from this Commonwealth to call out a volunteer force in Kentucky for the purpose of repelling the invaders from our soil.

Resolved, That, in using the means which duty and honor require shall be used to expel the invaders from the soil of Kentucky, no citizen shall be molested on account of his political opinions; that no citizen’s property shall be taken or confiscated because of such opinions, nor shall any slave be set free by any military commander ; and that all peaceable citizens who remain at home and attend to their private business, until legally called into the public service, as well as their families, are entitled to and shall receive the fullest protection of the government in the enjoyment of their lives, their liberties, and their property.

Resolved, That his excellency the governor of the Commonwealth of Kentucky be requested to give all the aid in his power to accomplish the end desired by these resolutions, and that he issue his proclamation calling oyt the militia of the State, and that he place the same under the command of General Thomas L. Crittenden.

Resolved, That the patriotism of every Kentuckian is invoked and is confidently relied upon to give active aid in the defense of the Commonwealth.

1. Be it enacted. by the general assembly of the Commonwealth of Kentucky, That as the soilof the State of Kentucky has beeninvaded by armed forces acting under the authority of the so-called Confederate States, therefore, for the purpose of repelling said invasion, the governor of the State of Kentucky is hereby directed to issue his proclamation, calling out not less than forty thousand soldiers, residents and citizens of Kentucky, between the ages of eighteen and forty-five years, to be mustered into the service of this Commonwealth for any term of service not less than twelve months nor more than three years from the time they were mustered into service, unless sooner discharged.

2. That the governor be, and he is hereby, authorized, in order to raise said force, to accept of the services of any volunteer companies who shall within three months from the date of his proclamation tender their services; and he shall commission for that purpose all officers duly elected by the companies aforesaid, necessary and proper for the command of such volunteers.

3. That all volunteer officers, non-comissioned officers, musicians, and privates, whose service may be tendered and aecepted under the provisions of this act, shall be

mustered into service at such places of rendezvous in the Congressional district im

which they shall volunteer as the general in the field shall appoint by his order; and when so mustered into service, shall be then and there entitled to receive in

advance one month’s pay, to be taken and considered as part of their pay. us

4. That the forces to be raised and organized, as provided for by this act, shall,-

when mustered into service, be under the command of the general commanding the State forces in the field.

5. That the governor be also authorized to accept the services of fifteen hundred men, in addition to the forty thousand men provided for by this act, one thousand to be used as sharpshooters and scouts, and five hundred to be used as horsemen and scouts, they furnishing their own horses: Provided, That no person shall be aecepted in this arm of the service unless his skill and capacity have been tested by the general in command or such officer as he may detail for that purpose: And provided also, That such person shall receive five dollars per month of extra pay.

6. That each horseman for the service of his horse shall receive five dollars per month ; and in case his horse is killed by the enemy, he shall be paid the value of the horse, not exceeding one hundred and fifty dollars.

7. That the commander in the field may organize individuals who tender themselves into companies, and such companies as may tender themselves into squadrons, batEM

CORRESPONDENCE, ETC.—UNION,

talions, and regiments, and permit them to elect their officers, who shall, when so elected, be commissioned by the governor on the certificate of the general commanding.

8. That the governor is authorized to accept the services of squadrons, battalions, and regiments, when tendered as such, and commission the officers elected by the squadrons, battalions, and regiments so organized; the election of officers by any company, battalion, squadron, or regiment shall be superintended and conducted by any Justice ef the peace or judge of the county court who may be called on for that purpose, and such justice or judge shall certify to the military board the names of the officers elected and for what office each is elected, and thereupon said board, if they approve the proceeding, shall certify to the governor the names of the officers elected, and what office they have been respectively elected to fill, who shall issue commissions

` in conformity to such certificate.

9. That the commanding general shall be entitled to appoint and employ such staff officers, and with such rank, as the inspector-general is empowered to appoint by the fourteenth section of the third article of the act entitled “‘An act for the better organization of the Kentucky militia,” approved March 5, 1860; and he shall have the authority conferred on said inspector general by the tenth, eleventh, and twelfth sections of said article of said act. E

10. The troops raised under this act shall be organized into squadrons, battalions, regiments, brigades, and divisions, and have the same number of officers for each squadron, battalion, regiment, brigade, and division as are allowed in the Army of the United States, and shall receive the same pay and rations as are allowed the troops of the United States of the same rank and grade. When brigades and divisions are formed out of the

troops so raised, they shall be officered according to existing laws.

The brigadier-general commanding calls the attention of the loyal inhabitants in this part of the State to the address of Judge R. K. Willlams, of this date, who is authorized to raise a regiment of volunteers

‘for the service of the United States.

By order of Brig. Gen. C. F. Smith: