The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-25
lawlt is that contested titles 70 Office shall

s---a---s4.a-~~--sss-S--~--s~s>>- ---s- ------
f,aw Il is tina. contested sitles TO Office shall
be settled By writ Of quo ,oa,Tanto. Ii
the opposite counsel wish, theyscan 60 to o
state court, whore they will have little
more latitude, and where they could get a
writ of prohibition, which would prevent
Mr.. Ellyson from exercising his powers.
Ihave shown that writ of injunction is
not the way to settle this casa, and might
leave this case here. But it is the duty OF
the counsel to cover every point in the mat
ter. Now the question Of jurisdiction
Suppose your Honor takes jurisdiction IN
this caseH What comes neHtY why, tue
question Of relief comes. How IL be 10 DC
relieved? Your Honor, before you can re-
lieve him, you must be satisfied that be 10
the de lure Mayor. There ore two con-
testants. One appointed by the Governor
of the State under law OF the Le-
/ gislature, and he is IN, as admitted oy
their bill and proved by athdavvts,, unoe'
color of that law, and sanctioned ana sup
ported by the Governor. Now, you nave
| to examine the claim of the other con-
testant, who is out. propose TO all your
Honor in examining Lis claims. George
Chuhoon is q Mayor by military appoint
ment. and the adoption OF new con-
stitution vacates all Offices. The new
Constitution supercedes the old one.
There can be no doubt about that; 30 1t
does not make any difference what the old
| Constitution said. Mr.. MEREDITH then
read from the Journal of the Virginia Con-
vention of 1890, p. 1871, showing that II
wos conceded in and affirmed by that Con-
rention that the adoption of u new Constr,
tuition racates all Offices under the old, and
clause was adopted in the new Constitu-
ton to retain MI the old officers IN ONCE
When such names as Barbour, Chapman,
Johnson, Doddridge, and Stanard, were
found voting for that view of the effect OF a
now Constitution, we could hardly doubt its
legality. The subsequcnt conventions IN
| Virainia have accepted and recognized that
| fact of vacation Of Office almost without de-
bate. The office and officer are distinct, and
| the former may be continued, but 1t does
not operate to continue the officer with it..
This was done until the Constitutional Con-
vention of 1867, when this provision con-
tinuing the old officers was omitted, mad
vertentiy, no doubt. 1t only continued
Offices but not officers. If Mr.. Chahoon,
then, claims any rights under the old Con-
stitution they expired with its death. Blu.
his counsel claimed that he held office I'M
| der the reconstruction acts. Well, Of those
laws your Honor perhaps knows haven't
O. very good opinion, for they buried good
manv OF us. though I believe it was the
best thing of my life for me when they re-
moved me.
Mr.. CHANDLER: Then you acknowledge
| that they were bcncfccnt in some respects /!
judge MEREDITH: Yes !; and should be
very grateful to the United States il ]
| thought they intended 80 to benefit me.
| However. am very we'll contented, and
bear no malice to the United States, against
which if I am ever again caught in rebel
lion it will be when am older than [ am
now, These reconstruction acts, under
yhich-as l said-3lr. Chahoon's counsel
claim he il in office, expressly declare that
after the admission Of the State they are
iu0perHirc. The counsel could hardly have
meant to assert that these acts are in force
in VIRGINIA. Well. II they are not, then
Mr.. Chahoon's rights have expired. They
are superseded as far us Virginia is con-
cerned.
Judge UNDERWOOD \ law may be ez-
| PRED, but ite consequences may still 1--we !;
may they not
Judge MEREDITH Yes, Jour Homer, their
consequences do live. end aro TO be seen IN
the State; but Mr. Chahoon Is not one Of
them. Offices may he continued lot not
| officers. 1t has been said that lie Is con-
tiuued in office by All oder from General
Candy. Iicrc is General Canhy's order.
.uEApoR's FIRST MILITARY DI@TRICr,l
| STATE OF VIRGINIA.
"RICuMoSp. VA, Jauurry"s, 1870.
:. General Orders No. 10.
Whereas the State OF Virginia having
| been declared by Inv 70 be entitled to re-
| presentation in tho Congress of the United
States, and senators and representatives
thcrcfrom having been admitted and hav-
| inr taken the oath prescribed by law: now,
therefore, in conformity with the proyi-
sions of the fifth section Of the law of March
! ,, 1867, all authority conferred upon the
| commanders of the First Military District
by the above cited Law Of March =, 1867, and
the laws supplementary thereto and amend
! ator7 thereof, commonly known as the re-
construction laws, in relation to the civil
| administration in eaid State, iB hereby re-
United to the appropriate civil authorities
OF the State of Virginia, as provided for by
the Constitution adopted by the people
thereof and approved by the Congress Of
the United States.
BY command Of Brevet Major General
CgnJV. LOUIS Y. CAzIARC,
Aile-de-Camp,
{" Acting Assistant-Aljuta General.
"Oficial: II. Il. Anderson, Aidc-de-
Camp
It is here shown that the remission Of
authority was instantaneous and complete
not as the gentleman yesterday said, " first
the blade, then the stalk, and then the full
corn in the car" The illustration was
forced. The argument that this restitution
Of authority was matter of slow growth wa:
without ground. The gentlernan's aigu'
meut was that when the last petty proyl
sioual constable should have been sup
planted by an elected or appointed one
then, and not till then, this great State vii
have resumed her place es IN equal IN The
Union. This was the gentlcman's argu
ment reduced to its legitimate result. AM
if there should be contest between these
two petty constables, then there would b
an injunction asked for from your Honor
and the State Of Virginia would not ge
into the Union until your Honor decide,
chancery suit. This is the gcntleman''
arguments reductio al d5SaTGun. Whcl
, the military commander laid down his robes
of office and parted with his power lie hoe
thought Of what he was doing. He knew
; that his power was &: an end, and grace.
fully surrendered ell his powers, RENTING
them 10 the civil authorities Ct Virginia
When the General did that, Mr.. Chahoon'i
power expired. How could the creature
outlive the creator. Just look Ut the thing
for moment. Ii the gentlcman's argu
nent were GOOD. what n Government Y,