Referring the subject again to the Secretary of the Treasury under the terms of that proclamation, I have received a reply from him under date of the 3d instant, in which he expresses the opinion that the duties paid by the Frances cannot be refunded under its provisions, and that relief can only be obtained from Congress. I enclose also a copy of that letter.

It remains now to make application to that body in the manner suggested, and I have the honor to acquaint you that a copy of the correspondence will be submitted to Congress, with a recommendation that provision be made by law for the restitution of the duties.

I avail, &c.

Señor Don Luis MOLINA, &c., &c., &c.

WILLIAM H. SEWARD.

I.

Mr. Molina to Mr. Seward.

LEGATION OF NICARAGUA,

Washington, February 16, 1864.

SIR: I have the honor to acknowledge the receipt of your communication of the 12th instant, and the copies therein referred to of the proclamation issued by the President of the United States on the 16th of December ultimo, and the reply of the Secretary of the Treasury, under date of the 3d instant, respecting discriminating duties on Nicaraguan ships and cargo, and the return of those already collected in the case of the schooner Frances.

A printed copy of the proclamation has already been received in Nicaragua, and I have the pleasure to communicate to you that it has elicited the satisfaction and friendly feelings which the prompt action of the President in the matter could not fail to produce.

It only remains for me to await with confidence the result of your communication to Congress for the restitution of the extra duties paid, and to thank you for all the attention given to this affair in order to see it equitably determined.

I improve the occasion to renew to you, sir, the assurances of my very high consideration.

His Excellency WILLIAM H. SEWARD, &c., &c.

LUIS MOLINA.

1st Session.

No. 36.

JOHN H. MCHENRY, JR., vs. GEORGE H. YEAMAN.

MEMORIAL

OF

JOHN H. MCHENRY, JR., OF KENTUCKY,

CONTESTING

The seat of the Hon. George H. Yeaman, representative from the second congressional district of Kentucky.

DECEMBER 14, 1863.-Referred to the Committee of Elections.
FEBRUARY 23, 1864.-Ordered to be printed.

To the honorable House of Representatives of the 38th Congress of the United States: The undersigned would respectfully state to your honorable body that he is a contestant for the seat in your house now occupied by the Hon. George H. Yeaman, representative from the second congressional district of Kentucky; that the grounds upon which he claims his seat are set forth in a notice duly served upon the said George H. Yeaman, and that the said notice, together with depositions taken by him in proof of these grounds, are now on file with the Clerk of the House of Representatives, to which he respectfully calls your attention. He states that the election for representative in Congress from the second district of Kentucky, held August 3, 1863, was unconstitutional, and in violation of the laws of the United States and the State of Kentucky.

Wherefore he prays that this house will vacate the seat now occupied by the said George H. Yeaman, and refer this election back to the people, or take such other action in the matter as may be deemed right and proper.

JOHN H. MCHENRY, JR., Contestant. WASHINGTON CITY, December 9, 1863.

A.

OWENSBORO', August 30, 1863. You are hereby notified that I will contest your right to a seat in the House of Representatives of the next Congress of the United States, as the representative from the second congressional district of Kentucky, on the following grounds: 1. That you did, on the 28th day of July, 1863, have an interview with Colonel John W. Foster, 65th Indiana volunteers, (mounted infantry,) in the town of Owensboro', Kentucky, and was an accomplice in an unlawful scheme by which thousands of legal and lawful voters were illegally defrauded of their elective franchise, who would have voted for me.

2. That Colonel John W. Foster did, upon that day, cause to be issued "General Order No. 12," purporting to be from his "Headquarters United States forces, Henderson, Kentucky," prescribing "an oath to be taken at the election," which order and oath had no foundation in the constitution or laws of Kentucky; that said order was printed in Owensboro', and not in Henderson, and that you instigated the publication of said order and oath, with a view of fraudulently and

violently preventing a full and fair expression of public opinion at the polls on the 3d of August, 1863.

3. That said "General Order No. 12" was issued before the State of Kentucky was declared under martial law, by the general commanding the department of the Ohio, and that said Colonel John W. Foster had no right, either civil or military, to issue "General Order No. 12."

4. That Brigadier General James M. Shackelford, "commanding 1st brigade, 2d division, 23d army corps," at Russellville, Kentucky, did, on the 30th July, 1863, issue" General Order No. 23," from his headquarters, similar to “General Order No. 12" of Colonel Foster, and by which the election in several of the counties of the second congressional district was controlled; that he published said order before the State of Kentucky was declared under martial law by the general "commanding department of the Ohio," and that said General J. M. Shackelford had no right, either civil or military, to issue "General Order No. 23.” 5. That "General Order No. 120," from "Headquarters department of the Ohio," from the commanding general, (A. E. Burnside,) declaring "martial law" in Kentucky, and also declaring that it was not his "intention to interfere with the proper expression of public opinion," did supersede, and render null and void, the "General Order No. 12," of Colonel Foster, and "General Order No. 28," of General Shackelford; yet the election in the second congressional district was controlled by the above-named "General Order No. 12," of Colonel Foster, and "General Order No. 28," of General Shackelford, in defiance of civil law, and in direct violation of the orders of their superior officer.

6. That your election in the second congressional district was carried by fraud, intimidation, threats, and violence.

7. By armed soldiers placed at the polls for the purpose of intimidating and frightening the people from voting against you.

8. By the application of test oaths of loyalty, unknown to any law, military, civil, or divine.

9. By threatening to arrest men, who were legal and authorized voters, for offering to cast their votes for me.

66

10. 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 me."

11. By erasing my name from the poll-books in McLean county without authority from me, and by order of persons acting under the authority of Colonel John W. Foster.

12. By the unlawful seizure of the poll-books in Henderson county, by order of Colonel Foster, thus preventing the people from voting for me.

13. By threats to seize and impress horses and other property from persons because of voting for me, which threat was afterwards carried into execution by Captain Cummings, 3d Kentucky volunteer cavalry, without a shadow of right or authority.

14. By causing or requiring legal voters and loyal citizens who voted for me, in certain counties, to wit, Daviess, Henderson, Hopkins, Hancock, McLean, Muhlenburg, Christian, and Breckenridge, to take an oath unknown to the law. and allowing voters to cast their votes for you untrammelled and undisturbed.

15 By the granting of furloughs (unauthorized) to large numbers of soldiers from the 11th Kentucky volunteers, 26th Kentucky volunteers, and 3d Kentucky cavalry, for the express purpose of voting against me, while soldiers who desired to vote for me were refused furloughs.

16. By requiring every voter who desired to cast his vote against you to take an oath to "support the policy of the present federal administration," as at Curdsville, in Daviess county.

17. By applying different oaths at different voting precincts

18. By establishing false, unreasonable, and illegal test oaths and standards of loyalty.

19. By closing the polls before the time specified by law, in order to prevent legal voters from voting for me, as at Owensboro', Daviess county.

20. That said election was in violation of the constitution of Kentucky and the statute laws made in pursuance thereof.

21. 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 the Ohio."

22. That the reasons given by General A. E. Burnside, commanding department of the Ohio. for declaring the State of Kentucky under martial law, to wit, "That the State is invaded by a rebel force with the avowed intention of overawing the judges of elections; of intimidating the loyal voters, keeping them from the polls, and forcing the election of disloyal candidates," &c., had no foundation in fact, as will appear from a telegram of General Burnside to General Halleck, dated Cincinnati, August 3, 1863, to the effect that the rebel force "came into Kentucky to make a diversion in favor of Morgan."

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

24. That not one-half of the legal voters in the second congressional district cast their votes, and a sufficient number to have elected me were prevented from Voting for me through military and illegal interference.

Hon. GEORGE H. YEAMAN.

JOHN H. MCHENRY, JR.

Executed on George H. Yeaman, by delivering him a true copy of the within, this 22d of September, 1863. JO. G. HARRISON, S. D. C.

B.

OWENSBORO', Kentucky, October 1, 1863. You are hereby notified that I will on Wednesday, 14th October, 1863, commence the examination of the following witnesses, all residents of Daviess county, Kentucky, before his honor A. G. Botts, presiding judge of the Daviess county court, at his office in court-house at Owensboro', Kentucky, touching matters to be examined by the next Congress of the United States, with regard to the election in the 2d congressional district of Kentucky, in which you are the returned member and I am contestant, and will continue the said taking from day to day till all of said depositions are taken, to wit: A. G. Botts, James Littell, John O'Brien, William M. Harvey, Jo. G. Harrison, J. B. Higgins, M. McIntyre, S. M. Wing, W. S. Brittain, J. P. Fuqua, R. L. Boyd, W. C. Woolfork, W. N. Sweeney, T. H. Pointer, Jesse Moore, Henry M. Woodruff, J. H. Blair, L. C. Anderson, J. Sinnett, G. B. Hinton, John A. Robinson, Louis Burns, N. S. Anderson, Charles Crabtree, Hayden Mullican, John Onan, F. Blanford, J. H. Hodgkins, W. W. Hancock, F. Fenwick, Ed. Hawes, W. S. Boothe, J. H. Jean, A. J. McAtee, J. R. O'Brien, J. R. Sharp, R. P. Sharp, A. B. Alsop, George Mattingly, Josephus Turnham, Henry Thompson, Henry Thompson, John D. Ogden, William Prottsman, John G. McFarland, J. W. Sutherland, George Hudson, W. H. Talbott, J. H. Hill, Richard Barrett, J. C. Ashby, Thomas Monarch, E. Comstock, Sidney Anderson, C. L. Balee, George Murphy, Anderson Owen, James Weir, and other citizens of Daviess county. JOHN H. MCHENRY, JR.

Hon. GEORGE H. YEAMAN.