Contested election - Lewis McKenzie vs. B.M. Kitchen
On May 28, 1863, Kitchen was elected from Virginia's 7th District to the
United States House of Representatives. Kitchen defeated runner-up
Lewis McKenzie of Alexandria, Virginia, by a vote of 962 to 716. In December 1863, Kitchen presented his credentials as a member-elect to the
38th United States Congress. When Congress convened on December 7, no representatives from Virginia were present at roll call. On December 23, 1863, runner-up Lewis McKenzie contested the election on the grounds that a majority (730) of Kitchen's votes had come from Berkeley County, Virginia, which simultaneously voted to join the new state of West Virginia on May 28, 1863. In the other counties that remained in the 7th District, Kitchen only received 232 votes. The House passed the resolution that Lewis McKenzie was not entitled to the seat under any circumstances due to lack of votes. Dawes presented the committee's reasons for the resolution against Kitchen's eligibility as well.
Green Clay Smith asked for the resolution to be struck out. The majority report declared that voting in most 7th District counties had been disrupted so badly by the war that many citizens had not been able to vote. Due to the lack of consistent voting throughout the district, the report concluded that the seat should remain vacant as no candidate could be determined to represent the choice of the majority of the district. Dawes countered this report with statements Kitchen had given regarding entire counties that had been under rebel control and did not hold elections. Dawes also noted that while Berkeley County had legally been part of Virginia on the day of the election, the county was in the process of being transferred to West Virginia and its votes for Kitchen did not represent the majority of Virginia's 7th District. Therefore, the House passed the committee's resolution that Kitchen was not entitled to a seat, but also dismissed McKenzie's claim. Kitchen was afforded mileage and pay to the date of this resolution. The 7th District seat remained vacant for the duration of the 38th Congress. ==References==