United States Fifteenth Amendment

Committee of Elections of the House of Representatives

The Committee of Elections of the House of Representatives for the Fortieth Session of Congress

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Session 7895: 1867-07-04 00:00:00

The contested election cases of Smith vs. Brown, McKee vs. Young and Symes vs. Trimble are referred to the Committee of Elections

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Referral of the Credentials of Members-Elect From Kentucky to the Committee of Elections

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To the Honorable the House of Representatives of the United States;

You petitioner, a citizen of the first congressional district of Kentucky, would respectfully state that at the last congressional election in this State he was voted for as the choice of the Union men or loyalists of the said first congressional district to represent them in the Fortieth Congress, and that he claims the seat for the following reasons:

The notorious disloyalty of H. L. S. Trimble, the Democratic candidate, who claims to be elected by a majority of votes, both during the war and since, shown by his aiding and abetting the rebellion by sending supplies, provisions, medicine, military equipments, and ammunition through the lines into the so-called confederate States during the war, which supplies were sent in violation of law, &c., and further shown by his disloyal acts and speeches made during the war and since; particularly in 1863, when he, said Trimble, was arrested and confined by the military authority for his open and avowed opposition to the war, and discouraging enlistments to the Federal Army; and also in the late canvass for Congress he states that he had always and did yet oppose raising men or money to suppress the rebellion; and by his declaring that he made it a point, and that he would swear to it, that he would always do what he could to keep out of any position any man who has been in the Lincoln army of wore the blue. The truth of these allegations the petitioner is able to establish by abundant evidence.

That Union men were in some localities intimidated and overawed from voting by being threatened and proscribed by the friends of said L. S. Trimble, lately in rebellion against the Government, which can be established by evidence.

That many unpardoned ex-confederate soldiers and paroled prisoners of war, who have never taken the oath or been included in any amnesty, were allowed and did vote for said L. S. Trimble in violation of law in such case made and provided, as can be shown by testimony of loyal men.

The election was illegally conducted by reason of men being appointed and serving as officers of the election who had been in the rebel army or who had aided, counseled, or advised the separation of Kentucky from the Federal Union by force of arms, or had adhered to those engaged in rebellion or sympathized with them; also by a large majority of the officers of the election being Democrats and favoring the election of said Trimble, and a very few belonging to the Union party favoring the election of the petitioner, which is in open violation of the State law, which provide3s that the officers must be chosen equally from the political parties, and the further provision that no one who counseled, aided, or adhered to the rebellion as aforesaid shall be considered so belonging to a political party, or competent to act as an officer of an election; which facts can also be shown by abundant testimony.

For the reasons above set forth, which substantially were embodied in a notice of contest, served on the said L. S. Trimble within thirty days after the result of the election was declared by the State board of canvassers, the petitioner respectfully, but earnestly protests against said L. S. Trimble, claiming to be the member-elect from the first congressional district of Kentucky aforesaid, being sworn in as the member of Congress from said district, and asks that his credentials be referred to the proper committee of elections for investigation.

G. G. Symes.

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