The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-22
,lth Ar cbohoon IN the endeavor % t;Ys.,

{ tn effect an agreement az TO the mode in
which the question should be submitted 10
, the courts, and as to the joint occupancy Of
, the Market Hall, tho responsibility rested
. on me of taking "all legitimate steps ne
, cessary and proper to prevent breaches Of
the peace or hostile collisions between citi-
, zens.'
II recognize fully the delicacy OF this
question and the responsibility that / have
assumed but | should have incurred fur
greater responsibility If | had failed to in
!. terpose, and thus prevent collision which,
with the facts before me, was Inevitable,
unless TINT action had been taken at the
tine it was md as the action Of the mill.
tary in this and similar cases is for the pr-
pose only Of preventing hostile collisions,
| | am utterly unable to SEQ how it can be
attended with any other result than the pre-
seryation of peace and order.
CA copy Of this correspondence will be
submitted for the information OF the Secre-
tary OF War and the President.
Very respectfully,
Your obedient servant,
TSirnelI ~. K. s. CANEY,
81 Brevet Major-General, commanding.
| COMMONWEALTH OF VIRGINIA, J
" EXEcrTIvE DEPARTMENT,
"RICHNoND, March q, 1870.
" Breret Major Gcacrnl CanJy,
d" Commencing Department Of Virginia
/" Sir,--l have the honor to acknowledge
the receipt Of your favor OF the -o'h
instant, and while l. DO not desire to pro-
| long this correspondence, there are q &c"
observations winch | think it proper Tor
me to make in concluding the same. II
understand YOU correctly you fully agree to
nv statement OF the law, by virtue oil
which alone the military forces OF the tnl-
ted States can he lawfully interposed ntLe
administration Of the affairs Of State n
the Union.
"You thus rightly and consc'entionsiy
concede that there is no warrant orauthorhy
to he found in the Constitution ANA laws Of
the United States for Your action on FRIDAY
last. to which I took exception in ny nHto
to YOU of that date. But you shield your
| self behind 'or,!er& end Instructions
from the President and Secretary Of War,
and some prcccdcnts in some o. the south
ern States. | have already said IN sub
stance that such orders aud Instructions
should be construed in the light of the
laws, fundamental and statutory, which, i
| Is TO he presumed, authorize their i@suaLCc.
and tia, by the application 0f 4! res! yoi
would find that even these dil not justify
your action. And you will permit moto say
that no number If rrcccicnts can justify I
wrong.
| - II vour construction Of g0nr orders NIL
instructions be correct, they ought, "a
once, to be modified and placed in harmony
| with the Constitution and laws Of on:
country. The position which You seem, in.
! fercntially, 10 assume, that the peculiar
character Of the controversy between .inyor
| Ellyson and Mr.. Chahoon affords some ju>-
| titcation for yonr intnrposition. is entirely
untcnahle. do not find any authority for
| it in the Constitution and lawa, ~ 70 the
proper construction Of which. II appears,
we are both agreed. 1t can cnly he found,
| if found Mt al, in the latituiiuons conetluc-
ton Of your orders and Instructions
which, you maintain, and which, !. pursued
to it, logical sequence, will reduce the chi
ted Sta,es army - 4 mere police force,
eventually supcrse,ling the state and
municipal conserrators Of the peace
throughout the country. As matter 81 fact
| al'o utterly disagree with you that there
va. any occasion or necessity whatever for
ary interference by nay r.cttr0lt0nS nithG-
tty in the municipal affairs Of this city;
put, on the contrary, il is ny confident be-
lief rs heretofore expressed 10 You, that
but for the horcd-for Interference Of the
Fe !eral military the disgraceful rebellion
against the lawful reconstructed authorities
Of this city on the part of an cx-Mayor
anil 1t few ignorant and dcluled followers
would not have lasted one hour.
- nm exceedingly gratifcd that yea
have decided to lay this correspondence be-
fore the President and Secretary OF War.
My personal knowledge OF and confidence in
the high soldicrly and statesman. Ike abilities
of both these exalted public functonarics
forbid that should for one moment doubt
that they will promptly relieve YOU from
the execution Of orders, which, if your con-
obtains, are not warranted hr and
cannot be executed without violation Of
the fundamental and statutory laws Of the
[ nited States.
"With sentiments of high esteem, am,
General, very respectfully, Your obcIient
servant,
[oignedl "GILnEET c. WALKER.
Governor Of the Commonwealth Of Va"
TIE ARREST Of BEN. SCOTT.
This notorious character was arrested III
Special Policemen Wallace Rowe, Nolling-
ton Haley, ard George B. Davis, nj about
o'clock yesterday afternoon, while leisurclr
stroling about in the neighhorho0i OF the
Third station-house. He was taken ri"ht
under the windows Of the fort AMI carried
off. He made no resistance, hut walked
quietly down Broad street, under the escort
of his captors. lie stated that he was tired
Of all this row, and was trying 20 quiet his
col0red brethren. When the party reached
the mel rhborhood OF the City Hall they were
surrounded by party of men with pR-
tolls with cries Of Shoot him - Shoot
him" The policemen protected him
broyely: and geIg>s ~ !.eA irtcTF own lives
to save him. He would have escaped with
out injury had he not broken from the
ring Of policemen by whom he was arrested.
This Was on Eleventh street opposite Forr-
Hotel. As he ran out from his protectors
n pistol was fired at him and the ball took
effect in his left wrist. Ben ran to-
the opposite sidewalk, where he stood
with halfdozen pistols pointed at him.
His chances for n funeral were lively,
when several policemen stepped before him
and saved his life. He was with great diff
ficulty rescued and carried intothe City Hall,
where his wound was cared for. The bail
entered his left wrist, but. strange TO say,
its course could not be ascertaincd. He was
we'll cared for, and last night vas attended
by his wife, and suffering much pam from
his wound He stands charged With throw
ing rocks ut citizens and melting riot.
4 warrant has been Issued for the ar
rest of Jack Wrcnn, charged with shooting