Answer. I am forty-four years old; live in Muhlenburg county, and have lived here since 1842; am a farmer by occupation. No. 2. State where you vote, and all the circumstances connected with this controversy within your knowledge. Answer. I vote at Boggess precinct, in Greenville. I went to the polls to vote, and the sheriff remarked that there were no judges present at that time; and when I again applied, the sheriff told me that the judges had decided that I could not vote. I saw soldiers in town on that day. I was afterwards informed if I would take the military oath at the polls that I could vote. I said I had taken the oath once. I did not vote. I would have voted for McHenry for Congress. I know several men in this county who would have voted for McHenry if it had not been for military interference at the polls. And furthermore this deponent saith not. Attest: D. A. JERNIGAN. B. J. SHAVER, Presiding Judge, Muhlenburg County. The further examination of the witnesses is hereby continued until to-morrow morning, at 9 o'clock a. m. B. J. SHAVER, P. J., M. C. Met pursuant to adjournment, at 9 o'clock a. m., November 18, 1863. The deposition of M. D. Hay, who, being duly sworn, testified on behalf of contestant, on 18th November, at same place, for same purpose mentioned in the caption : Question by Mr. McHenry. State your age, residence, occupation, and how long you have lived in Muhlenburg county. Answer. I am twenty-eight years of age; I am a lawyer by profession; I reside in Muhlenburg county, and have lived in the county since my birth. By same. State if you were present in Greenville the day of the election August 3, 1863; state everything within your knowledge connected with matters touching this controversy. Answer. I was in Greenville on the day of the election. I went to the polls at my precinct and offered to vote. One of the judges challenged my vote, and showed me an order and copy of oath by General Shackelford, and stated that if I would take the oath appended to said order I could vote. I proffered to take the oath of expatriation, as authorized by an act of the legislature of Kentucky. The judges admitted that the oath prescribed by Shackelford's order was not in conformity to the act of the legislature, but that the State was under martial law, and that superseded the civil law, and unless I took the oath as prescribed by Shackelford's order I could not vote. There was a company, or a part of a company, of troops belonging to the 3d Kentucky cavalry, Colonel Murray, commanded by Lieutenant McDavis, in Greenville on the day of the election. When the judges were talking to me about voting, Lieutenant Davis said that if any one was not satisfied with the manner in which the election was conducted, he would "place them where they would be satisfied with it." The soldiers were all armed, and in uniform. The Lieutenant Davis before spoken of was in uniform, and wore side arms. The horses belonging to the soldiers were in the court-house yard. I am of the opinion, if it had not been for the presence of the soldiers and the orders issued by General Shackelford and Colonel Murray, Mr. J. H. McHenry would have received a much larger vote than he did. The orders were sent to the various precincts in the county by J. H. Reno, who is the clerk of the circuit court for Muhlenburg county. The orders of General Shackelford were handed to Mr. Reno by some one from Madisonville, Kentucky, who had been sent here by Shackelford for that purpose. On Saturday or Sunday preceding the election, two companies of troops passed through Greenville, representing themselves as belonging to the Sth Kentucky cavalry. The officer in command stated that he "was going to the county of Henderson to prohibit any one from voting for Wickliffe, or that G― d―d renegade McHenry." I think the orders, and the known presence of the military, had the effect to keep voters from the polls. I think that the people of Muhlenburg county, who are by some called rebels and secessionists, have not given voluntary aid to the rebellion. They are not, in my opinion, in favor of a division of the States, but always have been in favor of a reconstruction of the Union upon its original basis. They have differed with the administration and the War Department about the manner in which this reconstruction was to be brought about. I, B. J. Shaver, presiding judge of Muhlenburg county court, do certify that the foregoing depositions of S. J. Boyd, W. N. Murdock, S. A. Jackson, D. A. Luckett, H. G. Newman, M. B. Clark, and M. D. Hay were taken before me, commencing on the morning of 17th November, and continuing two days-17th and 18th. I certify that on the morning of the 17th there was present Colonel John H. McHenry, jr., in person-neither Hon. George H. Yeaman nor any attorney for him appearing. Colonel John H. McHenry, jr., proceeded to the taking of his depositions in accordance with his notice, an extract of which is copied in the caption, and I certify that it is a true copy. And I also certify that Judge Joseph Ricketts, attorney for Hon. George H. Yeaman, was notified to attend and cross-examine the witnesses who testified on behalf of contestant, and declined to do so, as he said was his instruction from Mr. Yeaman. I further certify that all the depositions of the witnesses were reduced to writing by John H. McHenry, jr., (except that of M. D. Hay, who wrote his own deposition;) that they were first duly sworn by me; subscribed and acknowledged the same in my presence, and the acknowledgment is duly attested by me. The witnesses were sworn according to law that the deposition they would give should be the truth, the whole truth, and nothing but the truth. The subpanas and additional notice of witnesses, with returns of the proper officers, are filed herewith and made a part hereof, marked "A" and "B;" also the certificate of the clerk of Muhlenburg county, giving statement of poll-book of said county. Given under my hand this 18th day of November, 1863. STATE OF KENTUCKY, Muhlenburg County, sct: B. J. SHAVER, P. J., M. C. “ I, Thomas Jones, clerk of the county court in and for the county and State above named, do certify that at an election held in Muhlenburg county, on the 3d day of August, 1863, at the several voting places prescribed by law, the vote stood thus as between George H. Yeaman and John H. McHenry, jr., as shown. by the poll-books on file in my office: For Congress, at court-house, G. H. Yeaman received 259 votes, John H. McHenry, jr., received 3 votes; at Boggess's precinct, G. H. Yeaman received H. Mis. Doc. 36-5 239 votes, J. H. McHenry, jr., received 8 votes; at Pond River precinct, G. H. Yeaman received 167 votes, J. H. McHenry, jr., received 7 votes; at Skilesville precinct, G. H. Yeaman received 140 votes, J. H. McHenry, jr., received 27 votes; at South Carrollton precinct, Geo. H. Yeaman received 233 votes, J. H. McHenry, jr., received 57 votes; at Myers's Mill precinct, Geo. H. Yeaman received 40 votes, J. II. McHenry, jr., received 00 votes. Recapitulation.-Whole vote received by G. H. Yeaman for Congress, at the election aforesaid, in said county of Muhlenburg, is one thousand and seventyeight (1,078) votes; and the whole vote cast for J. H. McHenry, jr., in said county, at the election aforesaid, is one hundred and two (102) votes. Majority in said county for G. H Yeaman, 976 votes. Given under my hand, as clerk of the Muhlenburg county court, at the clerk's office in Greenville, Kentucky, this 19th day November, A. D. 1863. THO. J. JONES, Clerk. Hon. GEO. H. YEAMAN: You are notified that, in addition to the witnesses named in my notice to you of 22d instant, to take proof before B. J. Shaver, judge of Muhlenburg county court, immediately upon the closing of your taking on the 17th November, I will examine the following additional witnesses, all citizens of Muhlenburg county: M. D. Hay, Wm. MeVary, jr., S. M. Arnold, S. Bradley, C. Stone, A. Glenn, sr., J. C. Stokes, John Lorchett, E. D. Craig, J. T. Dusenbury, A. McConn, W. B. Clark, D. W. Jernigan, D. A. Luckett, R. C. Frazier, J. Short, H. Rhoades, G. W. Eaves, J. W. Christian, W. R. Murdock, and S. J. Boyd, a citizen of Caldwell county. The said witnesses to be examined touching the contested election matter now pending, wherein you are returned member from 2d congressional district of Kentucky, and I am contestant. NOVEMBER 9, 1863. JOHN H. MCHENRY, JR. Executed by delivering a true copy of the within notice to George H. Yeaman, November 11, 1863. DAVID WEBB, M. O. HEADQUARTERS U. S. FORCES, Henderson, Ky., July 28, 1863. GENERAL Order, In order that the proclamation of the governor and the laws of "the State of Kentucky may be observed and enforced, post commandants and officers of this command will see that the following regulations are strictly complied with at the approaching State election: None but loyal citizens will act as officers of the election. No one will be allowed to offer himself as a candidate for office, or be voted for at said election, who is not in all things loyal to the State and federal government, and in favor of a vigorous prosecution of the war for the suppression of the rebellion. The judges of election will allow no one to vote at said election unless he is known to them to be an undoubtedly loyal citizen, or unless he shall first take the oath required by the laws of the State of Kentucky. No disloyal man will offer himself as a candidate, or attempt to vote, except for treasonable purposes; and all such efforts will be summarily suppressed by the military authorities. All necessary protection will be supplied and guaranteed at the polls to Union men by all the military force within this command. By order of JOHN W. FOSTER, W. A. PAGE, Lieutenant and Adjutant. Oath to be taken at the election. I do solemnly swear that I have not been in the service of the so-called Confederate States in either a civil or military capacity, or in the service of the so-called provisional government of Kentucky; that I have not given any aid, assistance, or comfort to any person in arms against the United States; and that I have, in all things, demeaned myself as a loyal citizen since the beginning of the present rebellion. So help me God. HEADQUARTERS 1st Brigade, 2d Division, 23d Army Corps, GENERAL ORder, In order that the proclamation of the governor and the laws of the State of Kentucky may be observed and enforced, post commandants and offices of this command will see that the following regulations are strictly complied with at the approaching State election: None but loyal citizens will act as officers of the election. No one will be allowed to offer himself as a candidate for office, or be voted for at said election, who is not in all things loyal to the State and federal government, and in favor of a vigorous prosecution of the war for the suppression of the rebellion. The judges of election will allow no one to vote at said election unless he is known to them to be an undoubtedly loyal citizen, or unless he shall first take the oath required by the laws of the State of Kentucky. No disloyal man will offer himself as a candidate, or attempt to vote, except for treasonable purposes; and all such efforts will be summarily suppressed by the military authorities. All necessary protection will be supplied and guaranteed at the polls to Union men by all the military force within this command. By order of J. M. SHACKELFORD, Brigadier General, Commanding. J. E. HUFFMAN, Assistant Adjutant General. Oath to be taken at the election. I do solemnly swear that I have not been in the service of the so-called Confederate States in either a civil or military capacity, or in the service of the socalled provisional government of Kentucky; that I have not given any aid, assistance, or comfort to any person in arms against the United States; and that I have, in all things, demeaned myself as a loyal citizen since the beginning of the present rebellion. So help me God. GENERAL ORDERS, HEADQUARTERS DEPARTMENT OF THE OHIO, Cincinnati, Ohio, July 31, 1863. Whereas the State of Kentucky is invaded by a rebel force, with the avowed intention of overawing the judges of election, of intimidating the loyal voters, keeping them from the polls, and forcing the election of disloyal candidates at the election on the 3d of August; and whereas the military power of the government is the only force that can defeat this attempt, the State of Kentucky is hereby declared under martial law, and all military officers are commanded to aid the constituted authorities of the State in support of the laws and the purity of suffrage, as defined in the late proclamation of his excellency Governor Robinson. As it is not the intention of the commanding general to interfere with the proper expression of public opinion, all discretion in the conduct of the election will be, as usual, in the hands of the legally appointed judges at the polls, who will be held strictly responsible that no disloyal person be allowed to vote, and to this end the military power is ordered to give them its utmost support. The civil authority, civil courts, and business, will not be suspended by this order. It is for the purpose only of protecting, if necessary, the rights of loyal citizens and the freedom of election. By command of Major General Burnside. Official: LEWIS RICHMOND, [By telegraph.] CINCINNATI, August 3, 1863. Major General H. W. Halleck: The rebel force under Scott, which I reported having crossed the Kentucky river, is now in full retreat in the direction of Somerset, with Colonel Sanders in close pursuit. A great many mules and horses, and over three hundred prisoners have been captured, among these Colonel Ashby. They came into Kentucky to make a diversion in favor of Morgan, and will probably be much damaged before getting out. Official copy. A. E. BURNSIDE, HEADQUARTERS OF THE ARMY, February 15, 1864. D. C. WAGER, Assistant Adjutant General. WAR DEPARTMENT, February 16, 1864. Official copy, respectfully furnished Hon. John H. McHenry, jr., for his information. C. T. CHRISTENSON, PROCLAMATION BY THE GOVERNOR. COMMONWEALTH OF KENTUCKY, Executive Department. For the information and guidance of all officers at the approaching election, I have caused to be herewith published an act of the legislature of Kentucky, |