Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-14
Prosser's Notice of Contest.

WASHINGTON, d. c., Feb. l, ISL
SIR: You are hereby notified that shall
contest your right to a seat in the House
of Representatives in the Forty
Congress, as a member thereof from the
Fifth Congressional District of the State
of Tennessee, on the following grounds:
I charge that there was no valid cleo
ton held in the counties of Wilson, Will
hanson and CheSthAm for member of
Congress, on the Sth day of November,
1870, for the following reasons:
That there was, an6 had been immedi-
ately preceding and for long time pre-
vious TO said election, tystem of terror
ism and intimidation practiced upon and
against the colored voters aud most of
the white Republican voters in said coun-
ties, 80 thorough and effective that they
were afraid to go to the polls or exercise
their political privileges according TO their
inclinations, 80 that they were virtually
disfranchised and the elections therein
were not and could not be in Rny respect
q fair expression of the popular will.
charge that soon after the enfran-
>chisement of the cClorsd people in Ten
nessee, your party supporters, perceiving
that said colored men were almost unani-
mously Republicans, inaugursted and
prscticed such system of outrsges upon
them that at the time of said election,
they were in reasonable fear of loss of
their lives or property, or great personal
injuries, if they dared to vote for Re-
publican candidate, or In any way aid in
bis election. Some of the means employ
ed were the proving about the country,
especially in said counties, Just before
said election, of armed and disguised men,
numbering, beating and committing the
most savage barbarities upon colored men
and many white Republicans, threatening
them and warning them not to vote for
Republicans, or commanding them to vote
toE Democrats; alse, said voters were, in
fIntherance of said system, controlled by
their employers and others, through the
public prints and otherwise, by threats of
depriving item of employment and occupa-
ton of land, and of prescription, and
other injuries of ike kind. The out
RACES above specified were continually re-
peated, and had the effect to hinder, con-
troll and intimidate those who were victims
and others, from exercising their political
rights, and in many cases of compelling
them 10 vote and act il politics contrary
30 their wishes. That these outrages and
Illegal acts prevailed so universally in
said counties as to render SAID elections
therein farce.
/ charge that in said elections the con-
stitution and laws of the State of Tennes-
see regulating the qualifications of voters,
and the manner of holding the elections,
weTe entirely disregRrded; that the laws
of this State under which said elections
should have been held, require that the
same should be held in each county by
the Commissioner of Registration of said
county, that the officers or persons ap-
pointed 10 hold said elections in the seve-
ral voting precincts shall be appointed by
said commissioner, that they shall possess
certain specified qualifications; that be-
fore entering upon their duties they shall
take a certain specified oath, and that the
votes of the several counties shall be can
vssSed by said commissioner and due re-
turn thereof made by him to the Governor
aud Secretary of State; whereas at the
election, or preto1ded election, in said
counties, all of said requirements were
disegArded, and the said elections were
held BY the Sheriffs of said counties, and
BY persons appointed by them at the
various voting precincts in said counties,
and the persons holding said elections did
not pOssess the qualifications required by
law, nor did they in any instance take the
oath prescribed by law before holding
said pretended elections, and the votes
were counted and returned by them TO the
Sheriffs instead of the Commissioners of
Registration, and the votes of the said
counties were canVsssed by the Sheriffs
OF the said counties, and not by the said
Commissioners, and, further, that in
every civil district of said counties votes
were received and counted for you which
were cast by persons not qualified by the
constitution and laws of the State to
vote; enough to have chang d the result
of the election in the Congressional dis
trict in my favor had they not been 50
cast; and the great majority of the votes
east thereat for you were cast by persons
not qualified to vote; by reason where If
the returns from said counties ought TO be
entirely disregarded, and for nothing held.
charge that in the remaining counties
of Davidson, Robertson and Sumner,
which contain two-thirds of the populs-
ton of said Congressional district, re-
ceiVed msjority of votes over any can
didste for member of Congress at said
election, as appears by the official returIs,
but charge that said majority ought to
be larger by several hundred votes, for
the following reasons: That in few of
the civil districts thereof, tO-wit: Nos. 8,
6, Z, IA and %, of Davidson county, and
Nos. 2, IA, Is, 10 and IS, of Sumner
county, and in four civil districts of Rob,
ertson county, the came terrorism herein
before specified existed, and deprives me
of several hundred votes which l should
otherwise have received, and |, therefore,
charge that the returns from said civil
districts ought TO be thrown out and dis
regarded in counting the votes from sale
countRs Any notice, reply or papers,
you may wish TO serve on me may bt
served on Hon. Ii. II. Harrison, or K,
Mop. Smith, Esq, as my attorneys al
Nashville, Tenn. w. F. PROssER.
IT