Page images
PDF
EPUB

entitled " In act to amend chapter 15 of the Revised Statutes, entitled citizens, expatriation, and aliens.

The strict observance and enforcement of this and all other laws of this State regulating elections, are earnestly enjoined and required, it being alike due to a futhful discharge of duty, to the purity of the elective francise, and to the sovereign will of the people of Kentucky, expressed through their legislature.

Given under my hand as governor of Kentucky, at Frankfort, this 20th day of July, 1863, and in the seventy-second year of the commonwealth.

J. F. ROBINSON. By the governor:

D. C. Wickliffe, Secretary of State.

CHAPTER 509. AN ACT to amend chapter 15 of the Revised Statutes, entitled “citizens, expatriation, and

aliens." Sec. 1. Be it enacted by the general assembly of the Commonwealth of Kentucky, That any citizen of this State who shall enter into the service of the socalled Confederate States in either a civil or military capacity, or into the service of the so-called provisional government of Kentucky in either a civil or military capacity, or having heretofore entered such service of either the Confederate States or provisional government, shall continue in such service after this act takes effect, or shall take up or continue in arms against the military forces of the United States or the State of Kentucky, or shall give voluntary aid and assistance to those in arms against said forces, shall be deemed to have expatriated himself, and shall no longer be a citizen of Kentucky, nor shall he again be a citizen, except by permission of the legislature, by a general or special statute.

Sec. 2. That whenever a person attempts or is called on to exercise any of the constitutional or legal rights and privileges belonging only to citizens of Kentucky, he may be required to negative on oath the expatriation provided in the first section of this act, and upon his failure or refusal to do so shall not be permitted to exercise any such right or privilege.

Sec. 3 This act to be of force in thirty days from and after its passage

Passed and became a law, the objections of the governor to the contrary notwithstanding, March 11, 1862.

All papers throughout the State will publish this proclamation and accompanying act until the election, and send bills to the Secretary of State.

Executive DEPARTMENT,

Office of Secretary of State. I, E. L. Van Winkle, secretary of state for the commonwealth of Kentucky, and keeper of the archives thereof, do hereby certify that the above printed copy of the proclamation of Governor Robinson, and an act of the general assembly of Kentucky, is a true copy of the original proclamation and act on file in this office.

testimony whereof, I have hereunto set my hand and caused the

seal of the State to be affixed. Done at Frankfort this 14th day of (SEAL.]

January, A. D. 1864, and in the seventy-second year of the commonwealth.

E. L. VAN WINKLE,

Sccretary of State, By JAMES R. PAGE,

Assistant Secretary

The following is the official rote in the second congressional district, composing

the following counties, riz., for the year 1861: Breckenridge county, total vote.

1,543 Butler county, total vote..

1,045 Christian county, iotal vote.

1,721 Daviess county, total vote.

1, 752 Grayson county, total vote.

963 IIancock county, total vote.

785 Henderson county, total vote.

1, 312 McLean county, total vote.

837 Muhlenburg county, total vote.

1, 112 Ohio county, total vote..

1,575

Edmondson
Hopkins

12, 645

662 1, 358

Total vote.

14, 665

The following is the official vote in the second congressional district of Ken

tucky, in August, 1863, between George H. Yeaman and John H. McHenry, and composing the following counties :

[blocks in formation]

EXECUTIVE DEPARTMENT,

Office of Secretary of State. I, E. L. Van Winkle, secretary of state for the commonwealth of Kentucky, and keeper of the archives thereof, do hereby certify that the foregoing statements of the official votes of the second congressional district are true and correct copies of the vote in said district for the years 1861 and 1863, as appears from the records on file in this office.

In testimony whereof, I have hereunto set my hand and caused to be affixed (SEAL.]

the seal of the commonwealth. Done at Frankfort this 14th day of January, A. D. 1864, and in the seventy-second year of the commonwealth.

E. L. VAN WINKLE,

Secretary of State. By JAS. R. PAGE,

Assistant Secretary.

PLEADINGS AND TESTIMONY OF GEORGE H. YEAMAN.

[ocr errors]

HOUSE OF REPRESENTATIVES, IN 38TH CONGRESS. John H. McHenry, Jr.,

In the matter of a contested election. GEORGE H. YEAMAN.

I except and demur to the notice and proceedings of John H. McHenry, styling himself contestant in this case, upon the ground that he does not claim to have been elected, and does not claim to be entitled to a seat on this floor, but only insists that I am not legally elected; and it is incompetent for the House to take notice or jurisdiction of a contest and to go behind the certificate, except where the party contesting or objecting claims to be entitled to the seat.

GEORGE H. YEAMAN.

OWENSBORO', KENTUCKY,

October 15, 1863. SIR: You will take notice that, on Friday, the 30th day of October, 1863, in the town of Owensboro', Kentucky, before honorable A. G. Botts, presiding judge of Daviess county, at his office, I propose to commence the examination of the following named witnesses, whose residences are marked opposite their names, viz:

James M. Holmes, Daviess county, Kentucky.
John Locke,

do. Tapley Maddox,

do. W. S. Booth,

do. H. Nave,

do. William Jay,

do. C. J. Wood,

do. A. Spray,

do. J. W. Miles,

do. M. McIntyre, Owensboro', Kentucky. John O'Bryon,

do. E. Comstock,

do. W. B. Tyler,

do. Jo. G. Harrison, do.

And on Monday, the 9th day of November, 1863, before D. Little, presiding judge of McLean county, Kentucky, at bis office, in Calhoun, Kentucky, I propose to commence the examination of the following witnesses, all residents of McLean county, viz:

Thomas W. Shackelford, Henry Griffith, Isaac Calhoun.

And on Tuesday, the 17th day of November, 1863, before Benjamin J. Shaver, presiding judge of Muhlenburg county, Kentucky, at the law office of Jos. Ricketts, in Greenville, Kentucky, I propose to commence the examination of the following witnesses, all residents of Muhlenburg county, Kentucky, viz: James S. McIntyre, Jesse H. Reno, Ed. R. Weir, sr., Brown, county clerk.

The examination of said witnesses, and of others whose names and residences may be furnished you within the time limited by law, will be continued from day to day between the hours of 7 a. m. and 10 p. m. until the same be completed. The testimony thus taken is to be used in the contested election in the second congressional district of Kentucky, wherein I am the returned member and you are the contestant.

GEORGE II. YEAMAN. Colonel Joux H. MCHENRY, Jr.

Executed on Colonel John H. McHenry by delivering to him a true copy this the 15th day of October, 1863.

HAL. MOSELEY, D.,

For JO. G. HARRISON, S. D. C.

OWENSBORO', KENTUCKY, Oc!ober 20, 1863. You are notified that, in addition to the witnesses named in my notice to you of the 15th instant to take proofs touching the contested election from the second district, Kentucky, in which I am returned member and you are contestant, I will examine W. B. Wall, H. M. Woodruff, Thomas II. Pointer, and C. Balee, all residents of Daviess county, Kentucky, under the notice, com nencing at Owensboro', on the 30th instant, and Lewis Moore, a resident of McLean county, Kentucky, under the notice, commencing at Calhoun, on the 9th of November, 1863.

GEORGE H. YEAMAN. Colonel J. H. McHENRY, Jr.

Executed on J. H. McHenry by delivering to him a copy October 22, 1863.

I. W. WARFIELD, D.,
For JO. G. HARRISON, S. D. C.

OWENSBORO', October 23, 1863. You are notified that, in addition to the witnesses named in my notice to you of the 15th instant, I will examine J. W. Rollins, Henry Williams, and William T. Owen, citizens of McLean county, before 1). Little, presiding judge of McLean county, at his office in Calhoun, Kentucky, on the 9th of November, 1863.

GEORGE H. YEAMAN. Colonel John H. McHENRY, Jr.

Executed on John H. McHenry, jr., October 30, 1863, by delivering to him a copy of the within notice.

E. HARRISON, D.,
For JO. G. HARRISON, S. D. C.

OCTOBER 30, 1863. You are notified, that in addition to the witnesses named in my notice to you of the 15th instant, I will examine at Owensboro’, before Judge Botts, at the time specified, Jesse Moore, a citizen of Daviess county, and at Calhoun, before Judge Little, at the time specified, S. G. Alexander, a citizen of McLean county, in the contested election case wherein I am returned from the second congressional district of Kentucky and you are contestant.

GEORGE H. YEAMAN. Colonel John H. MCHENRY. Excented by delivering a copy of the within October 30, 1863

D. WEBB, M. O.

OWENSBORO', KENTUCKY,

September 28, 1863. In answer to your notice to me dated August 30, 1863, and served the

day of —, 1863, that you would contest my right to a seat in the House of Representatives in the next Congress of the United States, ils the representative from the 2d congressional district of Kentucky, and stating the grounds of the contest, I deny that I “ did, on the 28th day of July, 1863, have an interview with Colonel John W. Foster, 65th Indiana volunteer mounted infantry, in Owensboro', Kentucky, and was an accomplice in an unlawful scheme, by which thou-ands of legal and lawful voters were illegally deprived of their elective franchise, who would have voted for you."

I deny that the General Order No. 12, and oath therein contained or suggestul, had no foundation in the constitution or laws of Kentucky. I did not " instigate the publication of said order and oath with a view of preventing a full and fair expression of public opinion on August 3, 1863, but, in a conversation with said Foster, told him that, owing to my position, I would give no advice or make no suggestion what the military ought to do, except to request that any action taken should be as mild as possible, and sought no interview with him for that or any other purpose ; and I deny that said order was intended or used for any other purpose than to enforce the law of Kentucky, and the proclamation of Joseph F. Robinson, governor of Kentucky, of date July 20, 1863, enforcing obedience to the act of March 11, 1862. Colonel Foster did have a right to issue said order.

I deny that the election in several of the counties of the 2d congressional district wils controled by a General Order” No. 28, which you say was issued by General J. M. Shackelford, on the 30th July, 1863, and General Shackelford did have a right to issue said oriler.

I deny that General Order No. 120, from headquarters department of the Ohio, from General Burnside, superseded and rendered null and void said " General Order” No. 12 of Foster's, and General Order No. 28 of General Shackelford ; and I deny that the election in the 2d congressional distriet was controlled by said orders, in defiance of civil law and in direct violation of their superior officer.

I deny that my election in the 2d congressional district of Kentucky Wals earried by fraud, intimidationi, tlureat;, and violence; and by armed soldiers placcıl at the polls for the purpose of intimidating and frightening the people from voting against you; and by the application of test oaths of loyalty unkwwn to any law, civil

, military, or divine; and by threatening to arrest men who were legal and authorized voters for offering to cast their votes for you, and by threats made at the polls by military officers to legal voters, that they; the voters would, be arrested if they cast their votes for you; and by erasing your name from the poll-books in McLean without authority from you, and by order of persons acting under authority of Colonel Foster; and by the unlawful seizure of the poll-books in Henderson county by order of Colonel Fisher, thus preventing the people from voting for you; and by threats to seize and impress the horses and other property from persons because of voting for you; and by causing or requiring legal voters and loyal citizens who voted for you in certain counties, to wit, Daviess, Henderson, Hopkins, Hancock, McLean, Muhlenburg, Christian and Breckenridge, to take an oath unknown to the law, and allowing votes to be cast for me untrammelled and undisturbed; and by the granting of furloughs unauthorized to large numbers of soldiers from 11th Kentucky infantry volunteers, 26th Kentucky infantry volunteers, and 3d Kentucky cavalry, for the express purpose of voting against you, whilst soldiers who desired to vote for you were refused furloughs; and requiring any voter who desired to vote for you to take an oath to support the policy of the present

« PreviousContinue »