CWG-K’s “Best of” – 2015 Edition

2015 was an eventful year for the Civil War Governors of Kentucky Digital Documentary Edition. Numerous fellows utilized the power of the ever-growing database (you can apply to be one here), we are steadily approaching the launch of an Early Access edition of 10,000 documents and transcriptions and a Beta prototype. Governor’s Day — an interactive open house introducing the project to other departments at the Kentucky Historical Society — was a major success.

To recap the year, we’ve organized a series of “Best of” lists that chronicle everything from our individual takes on the most powerful people of Civil War Kentucky to the most memorable deaths to time travel (more on this anon). We hope you’ll enjoy reading these lists these as much as we enjoyed creating them.

POWER RANKINGS: Based on their own criteria, each member of the CWG-K editorial staff was asked to rank a “Power 5” group of figures found in the database.

Tony

  1. George W. Johnston – Powerful Judge of the Louisville City Court, a Louisville/Jefferson County pardon application was never complete and rarely received a positive reply without his signature.
  2. John B. Huston – Besides competing for the worst handwriting award for Civil War Kentucky—stiff competition from James F. Robinson and James Guthrie—Huston was a power broker, attorney and state legislator from central Kentucky, whose endorsement of a pardon application carried a lot of weight with multiple Kentucky governors.
  3. John B. Temple – Attorney, banker, and president of the Kentucky Military Board—Temple exerted a lot of power in all Kentucky military matters. He and the Military Board of Kentucky were de facto Commander-in-chief of Kentucky, slowly whittling away Beriah Magoffin’s military authority with the aid of the Kentucky General Assembly.
  4. George W. Norton – President of the Southern Bank of Kentucky, he was a Magoffin ally, made sizable loans the Commonwealth of Kentucky to support Magoffin in his efforts to purchase arms early in the war. Other banks made similar investments, yet Norton appeared to have the ear of the governor.
  5. C. D. Pennebaker – Lawyer, politician, Colonel of the 27th Kentucky Infantry, and Kentucky Military Agent in Washington, DC. He served in the legislature, commanded troops in battle, and served in a civilian military post for Kentucky in DC. In addition to this he wrote the more thorough letters and reports. Kudos Mr. Pennebaker!

Matt

  1. W. T. Samuels – Not unlike Matt Damon’s character in The Good Shepherd, Samuels had the dirt on everyone following his stint as state auditory. Given his knowledge of everyone’s finances and his legal prowess, he was a potential kingmaker in the Blue Grass. (In other words, there’s a reason he’s one of the few through-and-through Unionists to remain powerful in state government post-1865.)
  2. D. W. Lindsay – He commanded a crew of paid guerrilla hunters under the heading of “secret police”; these men, like Edwin “Bad Ed’ Terrell, were paid to track down and kill Kentucky’s most notorious bushwhackers.
  3. Stephen Burbridge – Though he technically fell under the authority of Thomas Bramlette in Kentucky, Burbridge more or less did as he pleased, which included deeming other powerful Union officers (like Gen. John B. Huston) disloyal and having them arrested on behalf of President Lincoln.
  4. Thomas Bramlette – As governor he oversaw nearly all of the state’s wartime activities—and was still expected to keep civil government afloat.
  5. E. H. Taylor, Sr. – Taylor was a member of the influential Military Board (which oversaw military purchases for the state) at the same time he helped run one of the state’s major money-lenders. If you needed a loan—and Kentucky always needed a loan—this was the man to see.

Whitney

  1. Thomas Bramlette – He takes first place by virtue of holding the highest office for the longest amount of time, evidenced by almost 3,000 documents.
  2. John W. Finnell – As Adjutant General, principal military advisor to Gov. Bramlette while a war was raging, he was in a very influential role.
  3. Samuel Suddarth – Serving as Quarter Master General, Suddarth was tasked with keeping the troops supplied by managing the ordering & distributing of supplies essential to the war effort.
  4. James F. Robinson – Though he served as Governor for a short time, he was part of a compromise wherein the Confederate-leaning Magoffin agreed to step down and let Robinson, a moderate, take over. Interestingly, since he never resigned his Senate seat, he technically filled both rolls simultaneously.
  5. James Garrard – He served as State Treasurer throughout the war, and as Mayer Amschel Rothschild allegedly said, “Let me issue and control a nation’s money and I care not who makes the laws.”

Patrick

  1. James F. Robinson – Don’t let his one-year term as Governor fool you, Robinson played state politics as adeptly as Frank Underwood could have done. While we can’t know if he pushed anyone in front of a train, Robinson adeptly turned down the senate speakership before having a cabal of Lexington friends arrange Magoffin’s resignation and his convoluted ascension to the Executive Mansion. As George Washington showed, the best way to accrue power is to look like you don’t want it. More astonishingly, Robinson refused to vacate his senate seat, leaving him free to return to harassing the Lincoln administration via the Committee on Federal Relations after Bramlette took office.
  2. Hamilton Pope – Louisville politics ran through Hamilton Pope. An old-Whig and former Know-Nothing, Pope was undoubtedly part of the closed-door decision that cut Louisville German and Irish immigrants out of independent regiments and elevated his brother, Curran Pope, to a Colonelcy. In addition to being an invaluable petition signature for anyone hoping for a pardon out of the Jefferson Circuit Court, Pope also runs point on using city government and the police department to enforce (increasingly irrelevant) fugitive slave laws.
  3. Rufus K. Williams – A fiercely Unionist circuit judge from the overwhelmingly Confederate Jackson Purchase, Williams raised a military unit and used his recruits to broker a deal for himself. When the time came to muster his troops into federal service, Williams traded a permanent military commission for a seat on the Kentucky Court of Appeals (the forerunner of the state supreme court) vacated by rebel sympathizer Alvin Duvall—ditching a hostile local electorate for a secure post backed by the statewide Unionist majority.
  4. Madison C. Johnson – His brother, rebel governor George W. Johnson, gets all the headlines in the family, but Madison Johnson controlled most of the available credit in the Bluegrass via the Northern Bank of Kentucky in Lexington. Johnson arranged hundreds of thousands of dollars in military loans to the Commonwealth in 1861-62—and was never hesitant to hold up the next installment to ease along a friend’s military commission. His loans to the state, backed by eventual federal repayment, helped his bank weather the collapse of many borrowers’ fortunes after slavery ended in 1865.
  5. Sherley & Woolfolk – This Louisville corporate duo of Zachariah M. Sherley and Richard H. Woolfolk often appear together in documents. Their firm ran a number of steamboats along the Ohio River and operated an outfitting business that sold supplies to others. Consequently, whether the state needed to move a battalion from Maysville to Paducah or buy a few barrels of ships biscuit to feed a hungry regiment, Sherley & Woolfolk were ready and willing to profit. That they signed insider political petitions under their corporate name shows an awareness of the importance of their business to the management of the war and, perhaps, some intuition for hammering home a branding message.

MOST MEMORABLE NAMES: Our editors have compiled a list of the most memorable names encountered in the CWG-K database in 2015.

  • Greenberry Tingle
  • Swift Raper
  • Wam Timbar (involved in a hatchet-throwing case, if you can believe it)
  • Green Forrest
  • August Worms

MOST MEMORABLE DEMISE: If you’ve followed the CWG-K blog over the past few months, it’s readily apparent that the database has no paucity of unusual and/or gruesome deaths. Each editor has selected the most memorable demise.

Tony

  • Jane Doe Murder Victim – In October 1865, evidence was presented concerning the corpse of a woman, approximately twenty-five years old, found on the outskirts of Louisville. The following is a description of her condition: “Her wounds are as follows a cut over each Eye one on forehand Forehead one just in front of Right Ear. Several Bruises on inside of right thigh and a wound which looked as though the flesh was twisted out her intestines was puled from her body through the Fundament Showing an act of the moste Diabolical rufianian the intestines cut or pulled loose from her body. Her cloths were all torn off of her not a Partickel remaining on her except one garter. Her right arm had been amputated just below the shoulder. the Evidences was plain of a sever strugle with some one from all I can learn I think a Negro did it.”

Matt

  • Ewing Litterell – An uninvited Litterell drunkenly barged into the home of James Savage, proclaimed himself “a stud horse” and boasted that he’d had sexual relations with all of the women in the house (and that he would do it again whenever he pleased). Savage let a full load of buckshot — which he fired into Litterell’s chest — serve as a “no you won’t.”

Whitney

  • Philip Medard – In January 1864, Philip Medard of Jefferson County died of cold and starvation after his son, Jacob Medard, “did confine & Starve his said father in an out house & kitchen & did starve and freeze him the said Philip by refusing to provide meat & food & clothing for him, & by thus exposing him to the weather.” There are definitely more violent deaths in the CWG-K database, but to date, only one happened in the out house.

Patrick

  • Colonel Francis M. Alexander – In what seems to have been an un-diagnosed case of post-traumatic stress disorder, Alexander drew a pistol on and killed a good friend without any motive or memory of the incident. His pardon petition is a moving account of a man coming to grips with his actions and his state of mind. “The exciting circumstances of the rebellion and its fearful consequences…which in rapid and mournful succession swept over his native, and beloved State, have Come upon his anxious and troubled mind with such force, that many events have transpired in his history during the last four years of his country’s trial, which appear to him almost as a dream.”

MOST OUTRAGEOUS PARDON: A major component of the CWG-K archive is requests for executive clemency. Each member of the editorial staff was tasked with identifying the most memorable pardon of 2015.

Tony

  • Otha Reynolds – In May 1862, Peter Gastell jumped bail and caused his bondholder, Reynolds, to forfeit $1000 to the court. That is, until Reynolds petitioned Governor Thomas Bramlette for clemency. Bramlette gave no legal justification for issuing Reynolds a remission, but said this: “Being in a merciful mood Ordered that this forfeiture except costs & fees be remitted.”

Matt

  • Michael Foley – An Irish rail worker and former Union vet, Foley believed that Merritt and Vardiman Dicken were pro-Confederate guerrillas on the run. In reality, the Dicken brothers were themselves fleeing from an attack by pro-Confederate bushwhackers. Foley attempted to detain the brothers and killed Merritt in the process. Governor Thomas E. Bramlette granted Foley a full pardon on the logic that it was better to accidentally kill men who might not have been guerrillas than to let any potential guerrillas escape unharmed.

Whitney

  • Garrett Whitson – Supporters of Garrett Whitson successfully requested his pardon for murdering violent melon thief, John Spikard. In the petition, they do not claim his innocence, but rather report that Whitson was convicted on the flimsy evidence of two notorious prostitutes, relatives of the deceased. That, combined with his ill health and large family, was enough to procure his release.

Patrick

  • Lawrence County Lynch Mob – In KYR-0001-004-3193, the members of a lynch mob on the Kentucky-West Virginia border preemptively write to Governor Bramlette late in 1865 after they have caught and summarily executed members of a pro-Confederate guerrilla band which had murdered many men in their community. “In getting Rid of them People Did not think that the act was unlawful & might get those Engaged in it in Trouble They only felt that Each man woman and child in our Valley was safer than before.”

TIME TRAVEL MEETING: Finally, we’ve asked each editor to select one character from the CWG-K archive that they would most like to spend an hour with when the Flux Capacitor becomes a reality.

Tony

  • Richard Hawes – Mostly to ask, where were you? What did you do for three years after you were installed as Provisional Governor of Kentucky?

Matt

  • Joseph Swigert – In a word: bourbon. The Swigert family owned the Leestown Distillery (which would later become E. H. Taylor’s O. F. C. Plant, then the George T. Stagg Distillery, and today Buffalo Trace).

Whitney

  • Sarah Bingham – It’s safe to say that upon moving to Grant County in 1866, Ms. Bingham did not receive a warm welcome from the neighbors. The women of the area “were of the opinion that the morals of the neighborhood would not be improved by having in their midst a common prostitute.”  When her cabin burned down, nine local men indicted for arson. The petitioners claim these men were honorable, respectable citizens who would never commit such a common crime and accuse Sarah Bingham of burning her own house down with the intent to disgrace these men. Their petition was refused by Bramlette, who, like myself, must have realized there was more to this story.

Patrick

 

 

The Conundrum of Gun Control in War-torn Kentucky

By Matthew C. Hulbert

Gun control—particularly when it concerns the ability of private citizens to carry concealed firearms in public—is one of the most controversial and hotly-contested political issues twenty-first-century America has to offer. Conceptions of the past often play a major role in how the debate is framed. When we imagine the United States in the mid-nineteenth century, there’s a tendency to envision everyone (minus slaves) legally carrying a weapon whenever, wherever, and perhaps most importantly, however, he or she wished. From frontiersmen (see Jeremiah Johnson [1972]) and quick-drawing shootists (see The Outlaw Josey Wales [1976]) to gamblers and their belly guns (see Maverick [1994]) or even Jim West’s spring-loaded Derringer (see The Wild West [1965-69]), pop culture has done much to reify that America was, in its “frontier days,” a gun-toting nation. What most observers don’t realize, however, is that this seemingly modern debate over the right to bear arms has actually been raging since the 1860s—and nowhere was it more intense than Civil War Kentucky.

In May 1866, John L. Peyton was indicted in the Hopkins Circuit Court for carrying “concealed deadly weapons,” which essentially meant that he’d left home with a revolver tucked under his coat or hidden in a pocket. The law in Kentucky that regulated concealed weapons dated back to March 1854:

Sec. I. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That if any person shall hereafter carry concealed any deadly weapons, other than an ordinary pocket knife, except as provided in the next section, he shall be fined on the first conviction not less than fifty nor more than one hundred dollars, and on any subsequent conviction not less than one hundred nor more than five hundred dollars.

Sec. II. That the carrying of concealed deadly weapons shall be legal in the following cases:

  1. Where the person has reasonable grounds to believe his person, or the person of some of big family, or his property, is in danger from violence or crime.
  2. Where sheriffs, constables, marshals, and policemen carry such weapons as are necessary to their protection in the efficient discharge of their duty.
  3. Where persons are required by their business or occupation to travel during the night, the carrying concealed deadly weapons during such travel.

Sec. III. This act shall be given in charge by the judges to the grand juries.

According to his supporters, Peyton had good reason not to travel in Hopkins County without a gun. In February 1866, he’d been appointed the Superintendent of Freedman’s Affairs there and charged with overseeing the transition from bondage to citizenship of the area’s African American population. Neither task nor title won Peyton many new friends among local Conservative Unionists (those who’d remained loyal to the Union for sake of protecting the institution of slavery) or among Rebel guerrilla bands (some of whom hadn’t yet called it quits in 1866).

Peyton’s defenders dispatched a petition to Governor Thomas E. Bramlette requesting that the charge be dropped. Their plea was based on two mitigating factors. First, that “being an officer of law, duly appointed, and acting and believing it to be his [Peyton’s] right and that the circumstances eminently justified it, did carrying a Colts Navy Revolver about the country for protection, during a part of his term of office.” And second, “that it would have been unsafe for said Peyton or any one else in the discharge of a similar office in said county, to have gone unarmed in the country, owing to the presence of late Guerrillas and lawless characters, who would have delighted to murder the ‘Nigger Bureau’ as he was decisively and maliciously called by them.” In other words, Peyton’s circumstances adhered to the letter of the law; carrying a concealed weapon was a de facto requirement of his job and to condemn a man in his line of work for doing so was like asking him to commit suicide.

This was a problem Noah Allen faced a county away while defending himself against an identical charge in the Crittenden Circuit Court. Though not an agent of the Freedman’s Bureau, Allen was a discharged Federal soldier (formerly of the 17th Kentucky Cavalry) and, like many of his ilk, had been allowed to retain his sidearm for purposes of personal protection. Petitioners on his behalf noted that the “country was filled with desperate men, and Union soldiers were being murdered everywhere.” Worse still, while the law appeared to favor Allen’s case, the men doing the murdering seemed to control the justice system. “Our Rebel jury,” Allen’s supporters continued, “were not satisfied until he [Allen] was indicted” even though “Rebels carry their arms every where and not one have they ever been indicted.”

A few years prior to the petitions from Peyton and Allen, Bramlette had been asked to intervene in the legal proceedings against Richard Murray (1863) and Brutus J. Clay (1864). Murray, of Munfordville, Kentucky, was convicted of possessing a concealed deadly weapon and fined $100 when a revolver he was apparently hiding in his pants discharged and resulted in a serious injury. According to a petition penned on Murray’s behalf, he was unable to pay the $100 penalty for carrying the weapon because “he is now a cripple and will be for life” as a result of his self-inflicted wound.

skein imageClay, the son of noted Kentuckian Cassius M. Clay (and the namesake of Cassius’s brother, Brutus), was walking along the road one afternoon and stopped to throw a rock at a pigeon; he missed, and the stone projectile struck a bridge house. The bridge keeper, a Mr. Gale, became enraged and threatened to assault Clay—but retreated when the young man produced a revolver that had been concealed in his clothing. While their situations seem far more trivial than former Union soldiers being hunted by pro-Confederate guerrillas or a man accidentally shooting himself in the leg—and while neither seemed to meet the justifications for concealed carry as stipulated by state law—Bramlette granted each a pardon because he believed that “in a time of Civil War when every loyal man ought to be armed for defense; I think none should be fined for being armed.”

The cases of Peyton, Allen, Murray, and Clay underscored a set of deep, interconnected problems that plagued Kentucky—and its governors—during the war and its immediate aftermath. Though the state had remained loyal to the Union, many Kentuckians had only done so to protect their hold on slave labor and white supremacy. When war broke out in 1861, they couldn’t have imagined Lincoln or his Republican allies in Washington D. C. punishing their loyalty; even so, the Peculiar Institution was eradicated and, in response, violence against newly-freed African Americans and their supporters—that is, men like Peyton—exploded. (So much so that Kentucky became one of only two non-Confederate states to elicit the presence of Freedman’s Bureau agents.)

And then there were the guerrillas. Bramlette and his top commanders had struggled mightily to control them during the war and fared little better during Reconstruction, as irregular activity took on a decidedly pro-white, as opposed to anti-American hue. In turn, ex-guerrillas found more generalized support among white former Unionists. This alliance, combined with restrictive gun laws in the Commonwealth, made life exceedingly precarious for the likes of Peyton and Allen. On one hand, statutes against concealed weapons existed to protect civilians from guerrillas and outlaws—but did little to help former soldiers and current government agents when those civilians turned on them, formed terror organizations, and became guerrillas and outlaws. On the other hand, the “shenanigans” performed by Murray and Clay underscored that even in times of war, loyal men with concealed weapons could often do more harm than good—and made it difficult to justify officially loosening the reins on concealed carry during the war or afterward.

At first glance, the solution seems so obvious: to openly carry a sidearm. It was, after all, perfectly legal to do so in Kentucky during and after the war. In reality, though, there wasn’t a solution outside of carrying concealed weapons for Peyton and Allen, and both seem to have known it. To go totally unarmed meant certain harassment and potential assassination. To go armed so brazenly, however, essentially invited a fight; more to the point, it invited a fight with men who’d spent the war perfecting the art of killing and evading capture—and who had the ability to influence when and how juries enforced the 1854 statute. For lack of a better, more formal description, this scenario was simply a “lose-lose” for Peyton and Allen, a direct and unavoidable consequence of Kentucky’s unique Civil War and Reconstruction experience.

In the bigger picture, it was also a systemic problem for Thomas Bramlette and the state’s pro-Union government. Bramlette’s chief task as governor was to protect his loyal constituents—but as the nature of Kentucky’s war created a necessity for citizens to arm themselves in self-defense from guerrillas run amok on the homefront, it simultaneously created a necessity for Bramlette to more strictly enforce extant guns laws to protect certain citizens (read: Richard “the leg shooter” Murray) from themselves. It simply wasn’t possible for Bramlette to assuage both needs at once and the consequences of this inability continue to echo: the conundrum of self-protection vs. protection from self has been debated for 150 years since and shows no signs of abatement.

 

Matthew C. Hulbert is an Assistant Editor of the Civil War Governors of Kentucky Digital Documentary Edition.


SOURCES: J. A. Skein to Thomas E. Bramlette, 6 Nov 1863, Kentucky Department for Libraries and Archives, Frankfort, Kentucky (hereafter KDLA); G. T. Wood et al. to Thomas E. Bramlette, 10 Nov 1863, KDLA; Brutus J. Clay Affidavit, 19 March 1864, KDLA; R. J. Littlepage et al. to Thomas E. Bramlette, n.d., KDLA; Richard H. Stanton, The Revised Statutes of Kentucky, Volume I (Cincinnati: Robert Clarke & Co., 1867), 414.

Governor _____?_____ of Kentucky: “Please fill in the name of the person who is governor…”

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By Tony Curtis

In November 1862, William A. M. Van Bokkelen requested a commission as Commissioner of Deeds for Kentucky in the Nevada Territory. A series of letters discovered by the Civil War Governors of Kentucky Digital Documentary Edition (CWG-K) shows his attempt to obtain a commission through politically connected Kentuckians, and a lack of response on the part of the governor. Continue reading

The “Ladies of Frankfort” Assert Their Right to Petition

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By Tony Curtis

March is Women’s History Month and the National Women’s History Project (NWHP) theme for 2015 is “Weaving the Stories of Women’s Lives.” An appropriately themed document recently appeared in the form of an undated Franklin County, Kentucky, petition signed by the “Ladies of Frankfort.” Continue reading

One County, Two Governors

Aside

By Patrick A. Lewis

The Civil War Governors of Kentucky Digital Documentary Edition (CWG-K) is a unique documentary and research project which will reveal as never before the lives and voices of thousands of Civil War-era Kentuckians.  Yet it is based in the records of only five men, the three Union and two provisional Confederate governors of the state.  It is, at the same time, broad and inclusive as well as intimate and personal.  The collection shines light on an entire society at war with itself while also allowing researchers access to these five individuals.

Interestingly, two of the governors, Union Governor James F. Robinson (1862-1863) and Confederate Governor George W. Johnson (1861-1862), hailed from Scott County, a prosperous central Bluegrass county just north of Lexington.  Both Robinson and Johnson were prosperous Scott County slaveowners, well-known and well-connected in the county and the state.  What made them choose to fight against one another?

Like communities across the state, Scott County was deeply divided between when the war came, and all Kentuckians had to weigh a complex set of variables when deciding which warring side to support.  Prewar political affiliation, social networks, religious convictions, opinions on slavery, and the economic demands of families, communities, and the state all factored into this complex balance.  Taking one of these factors, the economic interests of both men, we can begin to understand what led these neighbors down extremely different roads.

The Unionist Robinson was a lawyer, farmer, and president of Georgetown’s Farmers Bank of Kentucky.  Robinson’s own farming operations and the assets of his bank, which advanced money to local farmers, were inextricably tied into the slave-based agricultural economy of Scott County.  The county, like most of those in the Bluegrass, saw most of its wealth concentrated in livestock and hemp—two products which, Robinson was convinced, were only made profitable by the Union as it was.  Railroad connections running northward to Cincinnati and westward to Louisville had driven demand for Kentucky’s famous horses, its hard-working and highly prized mules, and its exceptional beef cattle in the agricultural states of the Old Northwest—particularly Ohio, Indiana, and Illinois.  Moreover, while most of Kentucky’s hemp crop was turned into bagging for Deep South cotton, only a protective federal tariff—the lifetime achievement of Henry Clay—protected this signature Kentucky industry from being undercut by cheap Russian imports.  From Robinson’s perspective, if Kentucky left the Union—forsaking these markets and tariffs—it would shatter the economic and social foundations of Scott County’s market-agrarian economy.

The Confederate Johnson was typical of the interconnected Southern planter class which pushed the secession movement.  While he himself lived and farmed in Scott County, he and his family were heavily invested in the cotton economy of the Deep South.  The 1850s correspondence in the George W. Johnson Papers at KHS—the core of CWG-K‘s Johnson collection—reveal these fascinating connections.  In those papers, we hear from Johnson’s brother, William, who owned a cotton plantation near Vicksburg, Mississippi.  We follow his son-in-law J. Stoddard Johnston as he speculates in cotton land in Arkansas.  And we follow Johnson’s personal involvement in the cotton economy as he buys a plantation in Old Town, Phillips County, Arkansas, near Helena.  These land records, combined with Johnson’s correspondence with New Orleans cotton brokers, Ward, Saunders, & Hunt, show that a significant portion of the future-Confederate governor’s personal wealth was tied up in the states which seceded immediately after Lincoln’s election.

Economically, Robinson and Johnson seem to underscore what was so often the case in Kentucky.  By and large, both Unionists and Confederates sought to defend slavery in 1861, but how each individual connected to the institution and what hopes they had for slavery’s future as an economic and social system shaped their personal paths.  What else might we find over the course of this project that united and divided these two Kentuckians?

Patrick A. Lewis is project director of the Civil War Governors of Kentucky Digital Documentary Edition