The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-01-23
rhe Second KentueKy district Ia


Congress. - - reni.I
The dispatches inform US Of the
disposition to be made Of the case of
SMITH (Union) vs.. JOHN YOU'VE
BRowS, claiming a seat in Congress,
under the election of last August
The report of the committee and the
action of Congress is of Importance,
as it establishes precedent for guild
ance in ; :nilar eases which art likely
to arise during the progress Of recon
struction. We extract the following
from the Washington dispatch to the
Cincinnati Gazette, referring to the
report of the committee in Browns
case:
The committee rely wholly upon
his own version of speech he made
in April, 1861, and which he admits
that he uttered frequently in public,
both before and after that date. his
words were as follows: Not one
man or one dollar will Kentucky fur
nish to Lincoln to aid him IN has I'M
holy war against the South. 1T this
Northern army shall attempt to cross
our borders we will resist it unto the
death; and if one man shall be found
lin our Commonwealth to volunteer to
lioin them, he ought, and | believe
will be, shot down before he leaves
the State
Mr.. Dawes completely riddles the
explanation Of Brown that this speech
was not in any sense countenancing
or aiding the rebels, but only made in
support of Kentucky neutrality. The
report in his case closes, afte quoting
the language of Brown, admitted to
have been frequently used, as follows:
8 How much ef the blood that subse-
quently flowed upon the soil of Ken
lucky is justly attributed to these
sentiments thus uttered, will never be
known, but it was pledge of impun-
ity for murder, and stimulated the
thirst for the blood of Union soldiers,
and then followed the blacklist crimes,
not against the country alone, but
against humanity. The Committee
are forced TO believe that Brown, 10
the manner and form hereinset forth,
has contributed to the terrible re-
suits, and that therein having volun-
tari!y given aid, countenance, counsel
and encouragement to persons en-
gagged IN armed hostility to the United
States, he is not entitled to take the
oath of Office, and to be admitted to
this House as a Representative from
Kentucky
Then follows the case Of Smith.
Though Brown had six thousand ma
jority over Smith, the latter claims
the seat upon the ground given above
To sustain this he cites large num-
Der of eases in England where the
House Of Commons has given a seat
to the defeated candidate when the
one having the largest number of
votes was declared ineligible. The |
Committee, however, answers this by
quoting English authorities to show
that In all cases it was held necessary
TO prove that the inelgibility Of the |
candidates must have been announced /
publicly and generally during the can
vass. The committee concludes by sub |
hitting three resolutions: LIST, declar-
ing Brown disqualified, on account of /
disloyal acts and encouragement given !
the rebels; second, declaring Smith |
not entitled to the seat; and, third. |
that the Speaker of the House no.
tify the Governor of Kentucky that |
there is a vacancy in the Second Con- /
gressional District of that State
This decision IN Smiths case is the
first ever given in this country by /
Congress, or by any State Legislature, /
on the points involved.