The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-01-02

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' .ss' trrrDAr.......-..ANoA@= -
! d'a aims .,,rsoay who knows anything On the
Tran. S ;,r Radical psper is correct state
n rams 'a'ns No Jaw and of the proper course
41,E II9 % ~ rypERwoop's VIRGINIA HABsAs +
. Va yNp0S CORPUS DECISION. i
44Snl -,s,. IT the Washington Chronicle:
ETH. 70 ~ D ,oor,ed Judges decision is made
'HSe. II that snt w., ;n+ecr;tv Of this good man
W Nth al ,| nav legal proceedings into an
ears !; VII VII. ,nrddle in the South, destroy
leavesH ins,trra"t; !, oil Isw-has nothing to dc
ash.3 pprt1eo'e ,s,;on If he has decided rightly
y 90 i'll the think not. He holds that
,w.ts as.r writ of hGbeas CORPUS ne may pro,
sSs,.s au "a ;aquire and determine sne.her an
Al ~; eeu IN the full exercise OF his commis-
srsira g.. ran hold office, even wren sucn e1er-
~sv '".' - spthority is held nnoer Known law,
gtofd ore = ,,s officer holds his appointment or
:rires S, SUI from competent au'norl'y. IL IL
eIe..tfally submitted that the only way
aAsa' Tesrb;,b the competency Of an o1hcer can
! APP .,Si is hya direct proceeding, to which
', SSad De ga, .Srer must be party, and wherein
saen s ss Of the Judgment would work HE
at me .I in case it were decided against
IND AiT H.. decision Of Judge Underwood, while
I he .nss,,les all known law on the SUBJECT,
~ T' have the effect to demoralize all legal
N, VIZ in the South, for he says that
aser t.n ,be Intervention Of any officer is ne
sGP s ..snry to the making valid any judicial
a,5 il be established that any one Of
,un- I.'' .arers connected with such act was at
WV WV lime disqualified by the fourteenth
4. 3ssr,oniment, such act is simply null and
lsh. Old If go, who will dare 60 to law 7
Ain | WHEN YOU 90 to make an affidavit before al
Ire, 4 ,e,er ere vou to rush around and hunt up
:,.Ss sn,ecedents Of the officer, and to take
= rovnspl as to whether or no it is safe to
z. ,orp rour initial proceeding before well
44ad .ano-,ized officer But what if your officer
LIS ros no, himself disqualified, but had him
yes '.If sworn in before some man who was
5dttss .i;soralifed, and whose administration Of
nd ho'ofscial oath was null and voidH
= X every court to sit in judgment, or
)e. / ,,,bar send out and hunt up the antece-
Is 4 Srtso Of q sheriff in distant county be-
a. 4 ~ Il acts upon his competency to make a
a. ,strrn TO q writ-the Directing party, per
hans. introducing an affidavit showing that
ss srcb officer came within the provision of
Ss the fourteenth amendment
& This would be nice rule in practice If
al The competency to hold Office could be ad-
al indicated upon at any and every stage Of q
!, iera proceeding by bringing the compe-
tepcy or eligibility of some officer con-
- h nectei With the proceeding into question.
The amendment provides that no such
persons describing them) shall hold office !;
:. but provides no punishment for holding the
3 same. Let the Congress provide for this,
: & and The amendment will enforce itself; but
q n 70 place the business of the world in posi-
! Il ton to depend upon the determination of
e the eligibility of any officer to his Office
f Who may be connected with legal pro-
ceeiing is 10 produce anarchy in the law.
, n The law is this: That where q person
b exercises an Office known to the laws and
3 Constitution, and is known and recognized
by the public az such officer, he holding q
commission as such either by election or
r. appointment, that the acts Of such person,
e as such officer, are legal, valid, and bind,
ri inc. and cannot be collaterally inquired
Il! into.
ID When the Judge found person held IN
81 custody By virtue of proceedings had by
officers recognized by the public, and filling
Ia Offices and discharging duties provided for
and required by law, he had no rig hit to in
ouire into or determine whether those ottl-
GERS or any of them were eligible or not.
S@ The acts Of such officers were valid and
nj binding upon any and every person while
s they held or occupied such office, even
fa though it should afterwards be determined
III that they were ineligible to the Offices 30
held. Any other rule than this would over
turn ell confidence in legal proceedings,
& and render the transaction Of business in
secure. And this is as applicable to the
b notary public who takes the acknowledge
ment as to the clerk who records the deed,
81 the officer who celebrates q marriage, RI
s sheriff who serves writ, or the judge On
8 the bench. CITIZEN.