The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-11-25
An Appeal to Congress.
Col. r. B. Johnston Files a
Notice of Protest.--Based
Mainly Upon Consti-
tutional Grounds.

tutional Grounds.
Special to the News and Courier.
ORANeEBURG, Nov FL "A notice o.
nrotess has been served upon DR. j
William Stokes. contesting his seat 10
the 54th Congress for the uoexpired
term As result of the contest ol
last year, it will be remembered the
seat was declared vacant and special
election ordered by the Governor at the
same time of the regular election. Dr.
Stokes was elected for both terms, aod
this contest only covers the short term,
but it is understood that similar pro-
tes. will also be fled in regard to the
55rh Congress. AS this contest is based
almost exclusively upon constitutions
grounds andobe contention is that the
election clause of the new Constitution
Of 1895 is 10 violation of the Constitn'
sioo of the United States. copy Of the
grounds Of protest might prove of gen.
eral interest. Especially so when it bas
been announced that all of the Con-
eressioual districts, but one, will have
contests upon pretty much the same
grounds. The following is copy of
the protest shat was to day served upon
Dr. Stokes:
To the Hon. j. William Stokes re-
turned as member Of the 54,b Con-
gress from the 7kh Congressional dis
trict of South Carolina:
Please take notice that I shall con-
test your pretended election as Repre-
sentative to the 54th Congress of the
United States of America, upon the fo'.
loving grounds:
/. That the alleged present Cons:il
tuition Of the State of South Carolioa
and the laws enacted Hereunder. by
which the election was held November
3, 1896, are illegal and abd void. and
iu direct conflict with the Constitution
and laws Of the United States aud in
violation of the United States Statutes
at Large. 1867 TO 1869, first. secood
and third sessicos. 10th United States
Congress, Page 73. Chapter Xxx.
2 That the election held November
8, A. D. 1896, to fill the vacancy for
Representative 10 Congress from the
7th districs Of South Carolina, vas ille-
gal and void aud violated the spirit
and ;otept of the resolutions Of the
House Of Representatives Of June /,
1896. creating the said vacancy.
8. Thai each aud every manager of
election at each and every Federal poll
in the 7sb Congressional pistrict of
South Carolioa violated the Cons'itu-
tiop and statutes of the United States
in refusing aud ueglec.ing to receive
the ballots of more than Eve Thousand.
Eve hundred voters, wbo offered to
vote for me for Representative in the
54tb Congress Of the United States. at
the electioo held November 8. 1896.
and who were legally qualified to vote
uuder The Constitution and Jaws OF the
United States; and under the Coostitn-
ton of South Carolina, under which
the said State was admitted into the
Uniou. by Act Of Congress entitled !:
can Ac. for the more efficient govern
meo, of the rebel States passed March
2, 1867. and the Acts supplementary
thereto.
q. That said nine :baus."d. Eve
hundred or more voters thns rel c ed hy
said managers Of the 7th Coogr's 'o"sl
district of South Carolina. VIII" d'eirtd
and offered to vote for Representative
10 the United States, wo.ld have been
sufficient tc change tbs result of the
election.
5 That the managers Of election
as aforesaid By their refusing aud neg
!ectipg to receive the ballots of the
ninetv.6ve hundred voters, who offered
to vote for me for Representative in the
54th Congress Of the United States dis
crimiuased against class Of duly and
legally qualified citizens aud voters by
exac,ing harsh, unnecessary and illegal
ouali6catisrs for voters presenting them
selves aud Offering to vose for me, and
by the acts of the managers of election
at the said voting places in the 7tb
Con gressional district Of South Carolina
| was deprived Of the beoe6t of more
than ninety FIVE hundoed votes
6. That the Governor Of South
Carolina acting as your partisan aud
friend delayed and neglected for four
months to call special election to ill
the vacancy existing 10 the oath Con-
eress of the United States from the 7tb
district of South Carolina, the evident
and purposes of which was to curtall
time for preparing properly and pros
ecuting claim for a seat IN the event
&c contest aurinp the life of said