To the Honorable Members of the House of Representatives of the Fortieth Congress of the United States: The undersigned, who states that he has given notice, as the law requires, of his intention to contest the right of John D. Young to a seat as member of the Fortieth Congress of the United States from the ninth district of the State of Kentucky, hereby enters a protest and remonstrance against said Young being permitted to qualify, and against permitting him to assume or exercise any of the duties of a member of the Congress of the United States, and for the following reasons, to wit:,

First. That during the late rebellion he (Young) did not remain loyal to the Government of the United States.

Second. That he voluntarily gave aid, countenance, counsel, and encouragement to persons engaged in armed hostility thereto. That he was in full sympathy, free accord, and entire harmony with persons who were engaged in armed hostility to the Government of the United States, and who, during the late rebellion, sought the establishment of a separate southern confederacy.

Third. That in 1861, while he held the office of judge of the county court of the county of Bath, to which he was elected in the year 1858, and before entering upon the duties of which he had to take an oath to support the Constitution of the United States, he violated his solemn oath by aiding, counseling, countenancing, and encouraging the rebellion against the Government of the United States, and also to persons engaged in armed hostility thereto.

Fourth. That in 1861 he advised the recruiting of men to fight on the side of the southern confederacy, and advised and advocated resistance to the authority of the Federal Government by arms, and gave aid, counsel, countenance, and encouragement to those Fifth, That he (Young) himself joined the rebel army in 1861, and was a candidate tor colonel of a regiment in the same.

Sixth. That he aided armed bands of rebel soldiers in capturing Union citizens and soldiers, and gave this aid voluntarily and gladly.

Seventh. That in 1861, while he was still acting county judge, he boldly and actively advocated the election of John S. Williams, an avowed secessionist, to the Congress of the United States, when said Williams declared himself in favor of resisting by arms the march of the Army of the United States into the southern States, and declared he would join the rebel army if force was used to compel obedience to the laws on the part of the southern people; and also the election of Dr. Parish to the Kentucky Legislature. who declared himself in favor of the secession of Kentucky; that said Parish and Williams both soon after their defeat, went into the rebel army, and he (Young) himself did likewise. That in 1862, while lie was still judge of the county court of Bath, when summoned by the United States authorities, in obedience to the orders of the commander of the department of Kentucky, to renew his oath of allegiance to the Government of the United States, he fled to Canada.

Eighth. That at all times during the late rebellion he was an open advocate of the cause of the southern confederacy and opposed to the success of the Federal armies.

Ninth. That said John D. Young holds the oath which all persons are required to take before entering upon the discharge of their duties as executive, judicial or legislative officers of the Government of the United States, to be unconstitutional, and that the whole rebel Democratic party to which he belongs in Kentucky holds the same thing. That he and they deny the right of Congress to require such oath of any officer of the Government, (namely, the oath prescribed by act approved July—,1862,) and holds to the doctrine that it is no crime or no perjury even, if a man has been guilty of aiding the rebellion, to take said oath, and that it is the right of all rebels to take any oath required, and that by so doing they cannot commit perjury.

Tenth. That said Young holds that the rebellion was no crime; that those who engaged, in it were justifiable, and that those who engaged in its suppression are guilty of a criminal wrong; that he so held during the war, and declared that "Abraham Lincoln, President of the United States, in using force to suppress the southern rebellion, was a traitor, and ought to be hanged as high as Hainan.”

All the charges set forth in these ten specifications the undersigned believes he can and will prove to the satisfaction of the House and country. He herewith submits affidavits in substantiation of the charges, and has more witnesses to prove the same facts, and witnesses who will prove others not herein established, but has not yet taken their affidavits for want of time, and in some cases because the witnesses have refused to appear and testify for fear of violence to themselves or injury to their property by the friends of John D. Young, who claims the seat. He requests that said Young’s credentials be sent to the proper committee for examination, and that he be not permitted to qualify until said committee have reported on his eligibility to a seat in Congress from the proof which Will be submitted to them.

Respectfully, SAMUEL McKEE.

• Petition on Kentucky Contested Election: McKee vs. Young (introduced on 1867-07-04 00:00:00 - CREATE_FROM - e712037) [This document]

• Petition on Kentucky Contested Election: McKee vs. Young (introduced on 1867-07-04 00:00:00 - CREATE_FROM - e712037) [This document] [view current proposal at this moment]