The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-25
Welded to tho claims Of Mr.. nlyson,


which / hope TO prove are unfounded and
illegal. Whatever he has not done mas
only been prevented by the brute fo'ce OF
Ellyson's "police," if | may call them TO-
Am | to be told that questions OF sucn
vital Importance are to be settled by orute
force Suppose man takes possession
of nv brother Necson's land. has my
brother right to take billy, or o thou
sand billies, and culgel him out NO.
The law is for just this case. We cannot
appeal to force before the law, ana 'he
question now before the court appeals 10
every citizen who loves peace ana ID OPP
posed TO force, and mobs, and riots. IN
community over which "dove-eycd peace
had brooded for years, this would be a
dangerous precedent. But here, where
the community is excited where the mate
rial is particularly inhammable; where the
feeling is such that gentleman could moi
take Chahoon's side as counsel without
being accused of deserting the flag under
which he fought, and being generally de-
nounaed-it is particularly dangerous. Ii
blood has spurted from human veins, it is
not to our charge; but do not believe the
other side can say this. This state Of af-
fairs is chargeable on Mr.. E!lygon and
those supporting him-not that would say
Mr.. Ellyson willingly, or rather wilfully,
did this. If he has been advised to this
course am glad was not one of his coun-
sci. The feeling and unseemingly haste
shown by Mcssrs. Ellyson and Poe is to be
regretted. l think if Governor Of differ
cnt views had appointed Il Council, and Mr..
Ellyson been treated as Mr.. Chahoon has
been, the city would have dubbed over with
excitement, and the reporters would have
dipped their pens in a1uafortis to describe
the outrage.
But, TO come to the question of the law of
the matter. We know that Mr.. Chahoon was
appointed by the military commander, and
ii was b. virtue Of one of the rcconstruc-
ton acts that Chahoon held the Office Of
Mayor of Richmond. And now, to reply
to the gentleman's assertion that on the
admission Of the State every office instantly
became vacant, and his assertion that when
ever q new constitution is adopted, unless
it provides that officers shall continue IN
office, then the Offices are declared vacant.
7 deny this proposition relative to the vaca-
ton Of Offices. No matter what men OF
ability may have said in the Convention
alluded to by the gentleman, common sense
teaches us differently, and experience and
theory teach us differently. 1t is true, as
the gentleman says, that there were limits
in those days, and it is my opinion that II
they had not been followed by race of pig
mics this question would never have been
before the courts to-day. lie assets that
the Constitution intended to continue
Offices but not the officers. Without
offence I say it, Could anything be more
ridiculous. The people ask for fish,
and lie would give them q serpent.
They ask for On egg, and he gives them
n stone. There is hardly any necessity for
arguing this proposition. If the gentle,
man had looked more closely he would
have found that the members OF the Con-
ycution we're not such fools as he thought
they were. Tho preamble Of the Constitu-
ton saws no Inconvenience should result to
the rcoplu in putting the Constitution in
opcration Would there be no "inconye-
nience " III such course AZ the gentleman
PROPOSES. The Constitution (page 25) says
Judges and all officers shall continue tc
discharge their duties until their successors
are elected or appointed, and the Con.
ycntiou never intended that the officers Of
the State should cease from their duties d.
rcctly the Constitution WAS adopted. In
view of the monstrous consequences that
would have grown out Of this coarse, VIC
NAV fairly infer that this provision OF
holding over was intended to apply tc
military appointees. 1t is the more likely
because that was u Republican Convention
and il lad no feeling against those ap'
nointccs. What was the condition Of things
which would have existed between the adj
mission of Virginia and the passage OF the
cnabl.nr act il the ccntlemau's idea had
obtained. Every jail and penltentlary
would have been emptted, ana no admins
tration Of justice existed in the State.
will row say why we assert that Mr..
Chahoon is Mayor. and Mc. Ellyson Is not
Mayor. The Legislature, neither directly
nor indirectly, can change constitutional
p.orision. We all understand 1rhy they
wish 10 do i, so well that we need not dis
cuss or say anything Of it save that vault
ina ambition oft o'crlcaps itself" Il may
be II shrcwd move, and it may not. We
don't lii{tron the statement that the Mayor
i, according to the Constitution. to be elect
cd by the PEOPLE. But the gentlemen de-
clare that the Legislature may create a va
cancy.
Julcc UNDERWOOD No, | understand
that they claim only that the Legislature
can declare wien vacancy exists.
MIR. CHANDLER: Tie Legislature has the
power to declare divorces [laughterl-cx'
cuSc nc; | got Chicago matters in my
hcad-tnc LEGISLATURE, then, has the power
20 declare yacanc es, and there IL no power
which can supervise its action.
Judge MEREDITH: 30, sir; | said that
there WIS no power il this court 10 super
wise it.
Mr. CHANDLER: We deny that the Lc'
gisIature has that power. Look at the con
,lition il that is 30. Strong party splrl
exists. One party gets into power and @oe
to work 10 declare al the Offices Of it, OF
moments vacant. What would be the result
We take il thiB power refers TO Offices tina
are hereafter to be created. Mr.. Chandle
said the Legislature had adopted an oail
Of office.
Alr. NELSON Do you claim that tina
action is subject TO judicial revision:
M. CuAHDLER | DO. How could IT
constitutionality be settled If il was not so
| Ex-Governor WISE: l do, and hope tn
Lord will spare me TO make it subject
! judicial reyisiou-a poor naked rebel-an'
etill Il rebel, too.
Mr.. NELSON to Mr.. CHANDLER: Yer.
good. only asked. 1t is your own case
Mr.. CHANDLER went on to contest TIL
con.,ti,utionality Of tho election Of Ellyson
Of whom personally he took OCCASION t
speak in complimentary terms. lie cla'Ine'
! TINT because one section Of the enabltn.
act was unconstitutional it did no, folloN
! that all the others were. It was a mistake
| 10 suppose that Il suit could not be brough
J S.n.nu nn,,rt nlncs thnrn uar