The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-24

Il
go on because she had already been ad-
mittcd7 No. The State is not admitted
to-day. You may fire your guns as much
ns you choose, but you are not in in the
sense that authorizes a disregard of the
conditions unless you carry out the fundn-
mental conditions upon which you were ad
mitted, and you are in the Union only %
long as you do 80. In the State Constitu-
ton, placed there by the people and by acts
of Congress, there are conditions on the peo
ple of Virginia which did not exist prior to
January 10, 1869.
| You talk about Virginia being beyond the
power of the provisional government. She
is not. The Mayor of this city to-day is
provisional, and the judges and clerks are
provisional. If these can be removed by
the Legislature before the election by the
people on the fourth Thursday in May, then
the Governor can also be removed from his
Office. Mr.. Wells went on to review the
condition of conquered territory, and cited
the case of New Mexico, where United States
laws were enforced for O time by it's victo-
rious generals, and other cases, to show that
when the rule was relaxed it was done
gradually. That induction into Office was not
instant, but gradual. He read to show that
| Virginia has never been relinquished by
the conqueror; has never been restored to
the authority which held her before, and
the last thing the Government said to her
in the closing scenes of the remarkable
events which have occurred that she could
take certain rights, but they were given
her with and upon conditions. The Legis-
lature should take good care, then, that it
does not 90 beyond it's power.
He drew the conclusion that Mr.. Chahoon
was appointed by q military governor, and
acting in pursuance of an act of Congress !;
that the military governor, by order, con-
tinued oil these officers in office until their
successors were elected and qualified; that
Mr.. Chahoon is thus an officer Of the United
States-not military officer, but an officer
Of the provisional government; that the
State Constitution is the law, and prescribes
that the Mayor shall be elected in May,
1870, and that Notwithstanding these pro-
visions in the Constitution an effort is made
to eject Mr. Chahoon before the day of the
election.
| He characterized the attempt as o mon
strous usurpation. The effort to insugurate
n personal government rocks Paris to its
foundation to-day, and the time will come
when the people Of Virginia, without dis
tinction of race or color, will be found
marching shoulder to shoulder to demand
the right of the people to elect their own
officers and fill their own Offices.
The Legislature cloaked their action un-
Ter the pretence that this disabling bill was
an enabling bill. They pretended that there
was vacancy, but they undertook without
Il r 49, D., Ha oif foI
the case OF the New York Legislature, which
tried to vocate an office by transferring its
duties to another Office. but the New York
Supreme Court interfered and decided that
the Legislature could not do away with this
office except in the manner prescribed by
the Constitution. The constitutionalitv Of
the enabling act Was discussed. anl MIR.
Wells contended that if the unconstitutional
clauses were stricken out Of the enabling
act it would retain Mr.. Chahoon in office.
He took the ground that constitutional right
may be protected by injunction, and cited
Bradley against Commissioners, I'd Hum
phreys. 42S. and other cases found in Hill
yard on Iniunctions. 1t was said that Mr..
Chahoon might go into the State courts !: hut,
suppose he did, would that stop Mr.. Ely
son in the exercise of his authority. AIR.
Chahoou and his party had been imprisoned
by Mr.. Ellyson, their water, and gas, and
food, cut off. Suppose these men had been
kept there until they starved to death
There had been violence in the streets !;
men were shot down, and no man wept for
them. There were mobs and there were
funeral professions on the streets. Happily,
Il remedy had been made long since to
II. t1,,c harn of
cent writ the count could stretch forth its
hand and arrest this violence, and slaush-
ter, and Generalization. Stop it how long
Until the right of the claimant is estab-
lished.
He quoted Sd McLane, 1O7, 10, and
5th of Wallace, on the subject Of equity.
Mr.. Chahoon as Mayor could not inquire
into the right of Mr.. Ellyson's claims
in court of law, and the duty of
proving it must devolve on Mr.. Ely
sou. By what course would he proceed
Writ of mandnmus 7 No. 4 writ Of quo
eralrunto No, for they would soon learn
that the writ Of QuO ocnTdntO could not be
issued for n private Individual, but could
onlr be used by the Government. 1t was
the duty of the State Attorney-Genernl,
who can Use the writ, to have used 1t III
testing Mr.. Chahoons right 10 the office ;
and this course, if it had been pursued,
would have saved the lives Of two men who
are now sleeping in their graves. There
will be inuuisition for this blood in another
world, and somebody has to 90 there with 1t
on their skirts-cither Mr. Ellyson or Mr..
Chahoon. There is Judge there who will
decide it. What remedy was there Tor Mr..
| IT, oho nd TnIt
would be the refuge of coward. A writ
of mandamuS? No State court has right
to issue such writ to United states
officer. Why this indecent haste to take
possession 1t was that somebody wanted
to be Mayor in July next, and that it was
inconyenient TO have this gentleman (Mr.
Chahoon) in the Office then. The pros
perity of the city had been injured and
public order disturbed in order that the
petty patronage of the office might be
obtained.
The cases in Williums and lIilyard On
Injunction, and others, were cited to show
what was the remedy in this case. MIR. Wells
said it was clear from these and the other
authorities be had quoted that if the sab
iect matter was within the jurisdiction OF
the court it was clear that the jurisdiction
of the court in the cuse was entire.
Gong to the events Of the case, he claim
ed that Mr.. Kent was the chairman of the
old City Council, which was legal body,
and of which he was certainly, when it ad-
journed, chairman de tacto. He claimed
that Mr.. Chahoon was Mayor de facto, and
Mr.. Ellyson, who himself claimed to be
Mayor de jure, so recognizefhim by address
ing to him a request for the books and papers
of the office. Now, Chahoon being Mayor de
fucto, and not vacating, how would you re-
- b;,,hy forcc M That wouldn 4