The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-31

should be those perpctual disabilities upon
Mr.. Ellyson complained of by his counsel.
He need only bc cnjoined till May, when
the people would settle the matter, and
when, more than likely, the people would
drop both Ellyson and Chaboon and
elect somebody else. A mdnddmus
was the remedy for Ellyson, not Chakoon. A
quo erdrrunto was also the remedy for the
claimant, and not for Chahoon, who was in
while the others were out. Chahoon's remc-
dies at law amounted to nothing, and he was
obliged to 60 iuto equity. There is no writ
that cannot be tried in England in equity.
The court here could, by granting this
injunction, give the city peace until law
full election could be had. If you would do
that you might do murder; you might risk
the life and health of this pretended Mayor
If you order that he shall never be Mayor
hereafter, for he wants the Office mighty
bad. There is the restriction to the writs
Oh the other side. Because one writ will
do, 1t IL no reason for not using another
which will answer as well.
Ii had been asked why Chahoon did not
arrest Ellyson? Now, in reply, why did
Ellyson arrest Chaboou? The speaker
would like to see any one hold his Office
if he were Mayor. He would summon the
whole posse C0mitatuS of the city to clear
the pretender out, but would not go to petty
sicgcs and cutting gas-pipes and water
pipes. The speaker did not know if he
lad been i'll Mr.. Chahcon's place he
might not have done as Mr.. Chahoon did
forbearing that the public peace might be
preserved, that there should be no fighting
in the ST. ccts filled with women and children,
and crowds of colored men ar5aged against
crowds of white. And this very action of
Chahoon in this matter pleads for equity in
this court. 1t was legal argument that
could not be answered, showing that there
was necessity that could not be relieved
without the action of this court or some
other court. Ellyson could sue out quo
,rarrdnt0, but Chahoon could not. What
would Ellyson get if he brought quo acar-
rdnto, and the court were to decide that
Chahoon was not Mayor? Why, Chahoon
appeals to the Supreme Court, and Ellyson
renains out till the appeal is decided.
Neither writ would avail him before the
fourt! Thursday in May next.
Chaloon held Federal Office by Federal
authority, and was not ineligible to hold
State office, seeing that he is allowed
by the new Constitution 10 vote, and that
Constitution expressly declares that who
ever is eligible to vote is eligible to
hold Office. The question is con-
iict with Federal laws. There was
10 State Office Of Mayor when the en-
ablug act was passed. The enabling act
did not create vacancy, hut only removed
a provisional incumbent who was appointed
by tkc United States, and removed him
without authority. The opposition denied
10 Nlr. Chahoon a standing III court. Where
would Mr.. Ellyson stand on that question
During the war, did he help the Union !!
Was he perhaps mot implying that he was)
like many others Of the South who we! c
the busiest bodies in bringing about the
war, and were ready for Office when it was
over The proposition that office WAS pri-
vatc property WAS denied. The occupants
of lulhlc office were but the servants of the
public. Chahoon defends his Office in the
INA ajc>ty Of the public law. both State and
Eedc,a al. In common law the powers Of
the court arc defined in the statutes, but
IN cases where the Constitution gives equity
Jurisdiction tie court goes back TO the chan
Gerry practice Of England. This in junction
WAS asked for to preserve the peace Of to-
cicty, to stop war between tue white and
black population, under law Of Congress
Inducing the State into the Union. Mr..
Daniel says equity can't try by jury: but
he meant criminal eases. Equity can try
title to Office, and there are many cases of
it i'll English chanccry practice. In reply
60 Mr. Daniels propositions, the prosecution
claimed that the admission Of the State did
not end the operation Of the acts Of Con-
rrcss that if the act. admitting the State
was congressional act that gave the court
jurisdiction in this case. and while admir-
sion might have terminated the authority of
General Candy, it did not terminate
the acts OF Congress for the induction
OF the State. If the Legislature did
not have the power to authorize on
election before the passage Of general
organic law, how could it have the power to
pass II law to "clccl" by appointment by
the Governor. Il was illegal to appoint Oh
election for Mayor by the people Of Rich
mond, but still they claim it is legal to let
the Governor appoint City Council to elect
one, The State no longer has will of her
own. She can't even change her Ccnstitu
y
told tlat the acts done urc in c0utrayent;on
Of the will of the State.
MIR. Wise said Chahoon had been blamed
for having friends, the first he could get
around him, armed with muskets, and he
mcant to file an affidavit showing that one
hundred guns have been sent here directed
to II. X. Ellyson, and for which the City
Auditor has paid S2,23S. He meant to do
this to show the animus of the affair, so to-
tally different from that which should cha
racterzc n conservator of the peace, and
the main conscrvator If the peace in the
city mt that. He also meant to show that
willie Ellyson waB making his speech thank
lug the Council for his election he already
had commenced gathering his police.
The court would please, in any event, not
leave this case undecided. No matter
which way it was decided, it should be de-
ciicd. II not, then would the force con-
tinuc, and more disturbance. He pro-
duccd a paper containing some names of
Ellyson's special police, which he said con-
tanned the names of horse thief, man
guilty Of almost every offence known to the
law, another that had served three years
in the penitentiary, another notorious
pickpocket, another whom he (the speaker)
had labored hard before Judge Bramhall to
keep out of the pcnitentiary, and others OF
bad character. Was the city to be
left in the hands of such conservators of
the peace? Why did Mr.. Ellyson SOW the
wind of this war to reap the whirlwind,
which has already sent two or three poor
creatures to eternity. But the wind has
been sown, no matter who sowed it-that is
q matter of no Importance just here-and
they asked that this court might save the
Il, If Of