The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-26
State was passed January &c, and Senator

Lewis took the oath on the 2sth.
Mr.. NELSON: He took the oath on the
9th, and Canby's order was dated that
day. .-......
The COURT: Senator Lewis took the oath
on the 9th, and Senator johnson took it
aome days otter that.
MIR. CHANDLER: I will call the attention
of the Court to the Louisiana case in I'd of
howard, 6l0 (or p. 561 of Curtiss Deci-
sions Of the Supreme Court. 1t is shown,
not what~he gentlemen contend, but that
when Louisiana was admitted into the
Union on "equal terms with the other
States of the Union 1.-THE laws of Congress
we're Imperative. Now, is Virginia in the
Union On "equal terms - with other States
hear some one soy that che is in as com
pletely as she was in the days when she
was one of the glorious thirteen that threw
down the gauntlet to Great Britain. Now,
there were provisions about her admission
that do not exist in the case of the other
States. The State of Virginia had imposed
on her funda mental conditions that few of
the States have. Now, who is to decide
| when these conditions are violated? The
State of Virginia? No. Congress is the
judge, and still has its hold on the State for
the purpose of seeing that these conditions
are complied with. So let the gentlemen
| on the other side say no more that Virginia
| is In the Union on the same terms with the
| other States.
Mr.. NELSON: Do you claim that those
conditions give this court jurisdiction in this
caFe' y
Mr.. CHANDLER: Unquestionably we do.
Pcay, Why cannot Il violation of the Con-
stitution he taken cognizance of by this
court He again read from the Louisiana
case to show that the Supreme Court decided
| that it could not interfere with State law
unless it interfered with United States
Law or with the operations of United States
officer acting under the United States laws.
Now, Mr.. Chahoon was such an officer, and
acting under such laws. Nobody contends
that Virginia is admitted, as Louisiana WAS,
on an equal footing with the original States.
It may he very notifying to us, but that is
fact, and we have agreed to submit to it.
One object Of the new Constitution of
| Virginia. was to pare down the power OF
the Governor. II WAS done in harmony
with general feeling in this country OPP
roSed to the one-man rover. But one OF
the monstrous consequences growing out OF
| the construction put on the matter by these
gentlemen would be this. The Legislature
until Yesterday never touched the registra-
ton act. and registration must take place
thirty days before an election. Suppose
they postpone acting on registration-why,
they throw the whole power of the State
into the hands of the Governor, and take
it altogether out Of the hands of the people.
Ex-Governor WISE: In reply to what the
gentleman said yesterday that the creature
could not ontliye the creator, would say
that the Constitution gives power to the
| Mayor who is elected one night to turn
around next day and remove the Council
| tself-the creators, OF whom he is the crea-
| turc.
Mr.. CHANDLER Yes not only outlive
his creators, INT put on pair of thick
boots and kick them out. tLalghter.]
Mr.. CHANDLER went on to speak of what
had been said of General Canby's interpo-
Sition in this matter. He paid him high
compliment for his honesty, impartiality
| and humanity. The history of the Nat.
| Turner insurrection was given, and it was
| asked If ii would not have been well in that
lay to have had such man as General
Candy to have stopped the bloodshed. He
thought General Candy deserved our earn
est thanks for his preservation of the peace.
If he did disregard the Constitution, he
| was glad he did it in the cause Of preserving
life. We ask here that your Honor, if you
have jurisdiction, will also interfere to
suve human life to preserve law and order.
The scenes of the last few days will drive
off prosperity from the city. Northern and
| western men who would have come here
before these outrages would now wait to
sec if the laws would he enforced before
they invested their money here. Let it be
| understood that the law is to enforced, and
| brute force not allowed to reign. Let this
be done. and Virginia, now the Niobe of
States, would again lift up n bright and
Joyous face as in other days.
SPEECH OF r. T. DANIEL, ESQ.
Mr.. DANIEL said he would look at and dis
cuss the noints involved here as q lawyer
| and not as n stump speaker. We're he to
| adopt the style Of the other side, he might
| inquilc who it was that WAS attempting to
set up personal government here--some-
| ching which, as it was stated the other day,
was rocking Paris to its foundation. He
| might inquire who it was that was respon-
siblc for the blood that had been shed, but
he should put these things behind him, and
endeavor to discuss the case in man
ner consistent with the dignity OF the forum
in Which he stood, and with the law in
volved in the case. The complainant stands
here as a military appointee, having bis
life, motion, and authority, through his
| II ha ia So
he has tie right to hold that Office until
an election under the Constitution (Which,
by some remarkable process, he con-
strue5 as q law of the United Statcs)
shall have filed his place. He then
denies that Mr.. Ellyson is in office, but We
have the most plenary proof that Mr.. Ely
son is in office, and ny the consent of those
| who have to pay the office.
Mr.. WISE: Does the gentleman mean to
assert it is fact that the old City Council
are out of Office ?
Mr.. DANIEL I DO mean to assert that
they set up no claim to exercise the powers
| of office. Of course don't mean that they
| made deed of resignation. Mr.. .EllysOn
| is in the possession of this office with the
consent OF the Council, who pay the salary,
and with control of the police and the power
to pay them, and with all the powers OF
the Mayor exercised without resistance.
And now Mr.. Chahoon comes into court for
an injunction to stop Mr.. Ellyson in exer-
cising the duties which he has been, and is
now, peacefully exercising. If Mr.. Cha
hoon as Mayor of this city is a United
States officer, and General Candy had the
right to continue him in Office, why does he
come into court at all? Why doesn't he call
on the military =? Does he want the United
States army to be reinforced by subpoena in
chancery!
Nr. WISE: That is exactly what we do