Miscellaneous Documents

administration; and by applying different oaths at different precincts; and by establishing false, unreasonable, and illegal test oaths and standards of loyalty; and by closing the polls before the time specified by law, in order to prevent legal voters from voting for you.

And I further not only deny that my election in the 2d district of Kentucky was carried by the said several means and acts as alleged by you, but I also deny that any such fraud, intimidation and threats were used; deny that soldiers were placed at the polls for the purpose of frightening people from the polls; deny that test oaths of loyalty were applied unknown to any law, civil, military, or divine; deny that any threats were made to arrest men for offering to cast their votes for you; deny that threats were made at the polls by military officers to arrest persons voting for you; deny that your name was erased from the poll-books in McLean county; deny that the poll-books in Henderson county were seized by persons acting under the order of Colonel Foster; deny that threats were made to seize and impress the horses and other property of persons because of voting for you, and that any such threat was carried into execution by Captain Cumming, or any one else; deny that voters in the counties you mention who wanted to vote for you were required to take an oath unknown to the law; deny that any unauthorized furloughs were granted from the 11th and 26th infantry, and 3d cavalry, to soldiers desiring to vote for me, and refused to those desiring to vote for you, and affirm that all who wanted to come home to the election were allowed to come, regardless of their preferences for me or you; deny that any voters at Curdsville, in Daviess county, or elsewhere, were required to take an oath to support the policy of the present administration; deny that different oaths were applied at different precincts; deny that false, unreasonable, and illegal test oaths were established as standards of loyalty; deny that the polls were closed before the time specified by law at Owensboro', or elsewhere, in order to prevent voters from voting for you.

I deny that said election was in violation of the constitution of Kentucky and the statutes made in pursuance thereof, and affirm it was in accordance with said constitution and laws; I deny that it was in violation of the spirit of the proclamation of the governor of Kentucky of July 20, 1863, and in violation of General Order No. 120, from headquarters department of Ohio, except in so far as that many known and avowed secessionists and rebels, and rebel sympathizers, were allowed to vote, and did vote for you; whereas said order No. 120 enjoined and commanded officers of election to permit no disloyal person to vote, and threatened to hold them personally responsible if they did; and I affirm that said election was in harmony with said proclamation of the governor of Kentucky, except in so far as that at many precincts the officers of election did not enforce the act of March 11, 1862, as required, nor enforce the prescribed oath, and that in consequence thereof many persons who had violated that act and expatriated themselves voted for you.

I deny that the reasons given by General A. E. Burnside for issuing General Order No. 120 had no foundation in fact, and I affirm he had authority to make the order, and that the reasons or facts given for making it were not material, and in any event cannot now be collaterally inquired into.

I deny that large numbers of legal voters in the district went to the polls, claimed the privilege of voting, offered to take any oath prescribed by the constitution and laws of Kentucky or of the United States, and were refused by the judges of election in violation of law.

I deny that not one-half the legal voters in the district cast their votes, and deny that a sufficient number to have elected you were prevented from voting for you through military and illegal interference.

And I further claim and rest the validity of my election on the following facts, laws, and principles:

1st. The election was held and conducted according to the Constitution and laws of the United States and of the State of Kentucky.

2d. The election was free, fair, open, and untrammelled, and was a free and deliberate expression of the electors in the district in the selection of a representative in the Congress of the United States.

3. A majority of the votes cast were cast for me.

4. A majority of all the voters in the district cast their votes for me.

5. That taking all the voters in the district who were required to take an oath, and all the voters in the counties of McLean and Henderson, where you say the poll-books were interfered with, and add them to the votes you received, and I will still have a majority of the votes cast.

6. That you openly and publicly sought and expected the rebel vote of the district, and that large numbers of them would not and did not offer to vote after the issual of Governor Robinson's proclamation.

7. That at and for many months prior to said election there existed, and does still exist, a powerful insurrection and rebellion against the government, Constitution, laws and authority of the United States and of the State of Kentucky, by reason of which civil war existed; that Kentucky was in the department of the Ohio, under the command of General Burnside, and was then the seat of war, and the residence of a large population aiding and sympathizing with said insurrection; that by reason of these facts the laws of war obtained and prevailed in Kentucky, and that under said laws General Burnside and General Shackelford, and Colonel Foster, had the right to do whatever they did to insure the authority of the government of the United States in Kentucky.

S. That at and before said election there was a political combination in Kentucky to place the State in political and military antagonism with the government of the United States, and in active aid of said rebellion, and I charge and will give in evidence the following facts to show your complicity in said unlawful scheme :

1st. You notoriously and openly sought the rebel vote of the district, and nearly all the votes you got were rebels, rebel sympathizers and secessionists. 2d. The rebels and rebel sympathizers of the district openly and notoriously expressed their great preference for you over me, and manifested their preference at public speakings by open manifestations of applause for you, and offensive interruptions of me, sometimes carried so far that I could scarcely be heard. 3d. That you admitted in public speeches and private conversations that the rebels would vote for you and not for me.

4th. That the observations, statements, and arguments of your public addresses were calculated to discourage enlistments and secure the success of the said unlawful scheme-in this: that you would advise the people and Kentucky to stand upon the principles you advocated, "and fight north and south, east and west, against the tide of fanaticism that rolls against her;" and at Brownsville you exhorted the people "not to send their sons to the army to fight for these radical principles which you (they) cannot approve ;" and at various places you affirmed, in regard to the present strife between the government and the rebellion, that, "let Kentucky go where she might, you would go with her;" and that at Whitesville you admitted that the "rebels had urged you to make the race on the platform of no more men and no more money, and promised that if you would you should not only have their votes, but plenty of money to make the race on," you claiming in the same speech that you had rejected their proposition.

Colonel JOHN H. MCHENRY, Jr.

GEORGE H. YEAMAN.

Executed on John H. McHenry, jr., September 29, 1863, by delivering to him a copy of the within notice.

JOSEPH G. HARRISON, S. D. C.

HEADQUARTERS KENTUCKY VOLUNTEERS,

Adjutant General's Office, Frankfort, October 10, 1863. DEAR SIR: Enclosed I send you a certified statement of the number of recruits furnished by the second congressional district for United States service. Any other information you desire we will furnish, if in our power.

Respectfully, your obedient servant,

Hon. GEORGE H. YEAMAN, M. C.

JOHN BOYLE, Adjutant General of Kentucky.

List showing number of volunteers furnished by second congressional district of State of Kentucky to United States Army.

This is to certify that the foregoing is a correct statement of the number of men furnished by the second congressional district to the United States army, as taken from the records of this department.

Given under my hand this 9th day of October, 1863.

JOHN BOYLE, Adjutant General, Kentucky.

The following is the official vote in the 2d congressional district, in the year 1861, in the following counties, to wit:

COMMONWEALTH OF KENTUCKY

Office of Secretary of State, Frankfort, October 7, 1863.

I, E. L. Van Winkle, secretary of state for the State of Kentucky and keeper of the archives thereof, do hereby certify that the above statement of election n 2d congressional district is the official vote taken from the books in this office, and is a true and faithful copy of the same.

Given under my hand at Frankfort this 7th October, 1863.

E. L. VAN WINKLE,

Secretary of State.

The official vote for presidential electors for 1860 in the following counties,