The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-19
THE MAYoRALrY CASE
BEFORE THE COURT OF APPEALS.
OF JUDGE MEREDITH,

utmost capacity veSterQay, JIG oS.''.
being the hearing of the argun,ent IN ING
Henry Bell. in which Is involved the cues
ton of the constitutiona1ity OF the ehapllns
acts, under which the present Mayor anu
Common Council Of Richmond claim ~
hold office. ~,
There was full bench present-ViZ.'
Judges Moncure (president), Joynes, An
lerson, Christian, and Staples: ,,,r.,
Mavor Elyson was represented ov Mes AZ
Neeson, Meredith, and Daniel, anu ~;
Chahoon by Messrs. Wells, Chanuiel a 4ha
Wise. Many prominent memneLs +ha I ne
bar and number OF menlp5Ji 49,, ~, r tho on
cislaturc were i'll attendance uuAAiS VIC
tire session of the court. -.
At II. o'clock the court announced ns
readiness to proceed with the ho6eos corpus
cases named above, and thereupon Mt.
Eeeson nresented the returns Of the re.
snondents to both writs, showing by what
authority each petitioner Is held.
Mr.. Chandler asked moments delay 70
advise with his associates rs to the statement
of facts submitted by Mr.. Ellyson's counsel
for their agreement.
The counsel then held brief consuita,,
ton after which Mr.. Neeson announced
that the statement here following had been
agreed upon by the counsel on either side,
and would be printed for the Use of the
court:
In the supfeme Court Of appeals Of Vir-
ginia:
Erparte, archibald Dyer.
Erpdrte, John Henry Bell.
Gases of Hdbeds Corpus.
The facts and circumstances Of the cases
arc the following:
During the military government of the
United States over Virginia las District No.
y, under the reconstruction acts of Con.
grcss-to wit. on the 9th day of May, A. D.
1868, the commanding General appointed
George Chahoon Mayor of the city Of Rich
mond, who, having. qualified, thereafter
ward acted as such, and was acting as such
on the 9TH day of March, 1870, and until
and on the 10Th day of the. same month, the
date on which Fl. X. Ellyson was appoint
ed, as. hereafter stated !; that said Cha
by the commanding General-to wit,
poh shs by gay the Circuit Court Of the the
United States for the District of Virginia to
the office Of Commissioner, to take bail, afh-
davits, &C., and accepted and qualified as
such, and has thenceforward, hitherto, con-
tinuously, held and exercised said office of
United states Commissioner, receiving
therefor large cDiahnlents from the Govern
ment of the United States.
On the 9th January, 1870, General Candy
issued an order, of which the following is
an extract:
"10. The term of office Of all officers of
the provisional government of the state OF
Virginia, whether holding BY original eiee,
ton or appointment under the laws of the
State, or by appointment or detail under the
laws of the United States, will expire when
their successors elected or appointed under
the new Constitution shall have duly quail
fed"
On the eSth January, 1870, General Candy
| issued General Orders No. 10, of which the
| following is copy:
STATE OF VIRGINIA,
| "RIcHSIOED. Va. January ~, lsT0.5
" General Orders No. 10.
"Whereas the State of Virginia having
been declared by law to be entitled to repre-
sentaton in the Congress Of the United
States, and senator's and representatives
therctrom having been admitted and having
taken the oath prescribed by law: to1c,
therefore, in conformity with the provisions
of the 9TH section of the law of March 2,
1867, all authority conferred upon the com.
manders of the First Military District by
the above-cited law Of March 2, 1867, and the
laws supplementary thereto and amenda-
tory thereof, commonly known rs the Re.
construction Laws. in relation to the civil
administration in said State, is hereby re-
mittcd 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
CANDY. LOUIS V. CAzIARc,
! Camp, A. A. A. 6.
"Cfcial:
IN. X. ANDERSON, Aide-de-C Camp"
That in virtue of the act of the General
Assembly of Virginia approved March .,
1870, entitled can act to enable officers y
&C.. commonly known as the enabling act,
his Excelency Governor Gilbert {. Walker,
On the 18th day of March, 1870, appointed
as couneilmen Of the city, of Richmond
TWENTY-FIVE persons Gncluding James
ScotU' to succeed like number who
had previously been appointed and
acted as such under the reconstruction
acts by the commanding General; that
the councilmen SO appointed. by the
Governor Immediately qualified under said
act and proceeded to the discharge of du.
ties of Council Of said city, and as such ap.
pointed II. II. Ellyson Mayor of the city on
the 10th day of the same month that said
Ellyson Immediately accepted and qualified
to said Office. And thereupon correspond.
ence was had between said Ellyson and
| Chahoou, Of which copies are hereto an.
ncxcd, marked "a" and "B."
Since the qualification of said Ellyson,
who claims to be the Mayor of said city
the said Chahoon also claims to be the
Mayor. Each claims to be Mayor, and each
performs duties pertaining to the office o.
Mayor-the said Ellyson in virtue of the
said enabling act and his appointment ant
qualification Hereunder, which are in exact
conformity thereto, and the said Chahoor
in virtue of his aforesaid military appoint
, Of so much Of said enabling act as relates tt
the Mayor and Council of this city. Eaci
of the two is claiming to be and is acting al
: Mayor Of the city.
The commitments were both made since
the aforesaid appointment and qualification
of the said II. h. Ellyson-one by Chahoo1
and the other by Ellyson.
[Signed by counsel.]
Judge Meredith (of counsel for Mr.. Ely
sony then addressed the court. He pro
posed, he said, to consider the two case!
together, and the question before the court
rs he understood it, was simply "Who il
the rightful Mayor of Richmond?" 1t wa!
not his purpose to show who has the better
ii lc, but who has the legal title to the
office. He then proceeded to inquire what
was the condition Of the office on the 26tf
of January, 1870, when the old Constitution
was SUPERSEDED and the present Constitu.
ton went into effect. He took the position
that the effect of the adoption of the new
Constitution was to vacate every office in
the State and to supersede every officer who
held office under the old Constitution un
less there was some provision in the new
to continue such Office and officer. The
difference between the office and the officer