Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1870-03-29
CORRESPONDENCE BETWEEN GOV.
WALKER AND GEN. CANDY.
COMMONWEALTH OF VIRGINIA,
q EXECUTIVE DEPARTMENT.
URioh,po,,d Va March 10 1910

I f-a- hlCuult,Uu, d., AaIcIl. IL, 1917 J
Major General Conby commanding &c:
Sir From the morning press and from 9th
er sources learn that a military force under
your command has been lllerposed to prevent
the Mayor Of this city, elected, qualified aud
acting under the laws of the State, from the
proper discharge Of his duties and with the
seeming intention of enabling another person, a
mere pertender 20 that office, to discharge the
current business OF the office As there has
been no request by the Legislature or any of the
civiifauthorlties of the State for military aid,
cannot understand how or why the military Of
ficer of the United States should be employed
IN such case or why the military force of the
United S ates should Discriminate against re-
cognized civil officer in favor of one not recogniz-
ed as an officer by The laws. or the constituted
authorizes OF the State.
"As Governor of the Commonwealth, L ask
by what law or authority you have taken such
action?
a"Very respectfully, your obedient servant.
u. Z. WALKER, f
Governor of the State of Virginia"
IS GENERAL cANBYs REPLY.
Headquarters DEPARTMENT !
OF VIRGINIA,
Richmond, Va, March l9, 1870
'.To HIS Eccetlency
''7he Gcreraor of Virginia .
Sir have the hnuor to Acknowledge the
receipt this morning at 1U.3 SO o clock Of your
COMMUNICATION uf this date. staring that you
learn from The morning press aud other sources
a military furce under your linyl command has
been lnterpused to prevent the Mayor of this
clIy, duly elected, quaffed, aud acting under
the laws uf the State, fruii the proper discharge
Ut his duties, and with the seeinltg Intention VI
enabling another person, mere prelender tu
that office, to discharge the current business of
that Office and To state that the interposition
Of the military force referred to In your com
munica,ion was taken uudcr the circumstances
and for the purpose indicated in the letter 70
MIR Eysun ot yesterday, copy OF which
understand Was at the usne communicated to
Your Exceency with this protest. have not
dlsciinliated IN iaver or against either OF the
contestants in this case The legal questions IN
VOWED in this controversy are prup.r subjects
Tor judicial Determination 10y the civil courts,
and the action taken by ule had no other object
than To aid in the. preservation OF the city Until
that determination can be reached o the proper
civil courts eau take jurisdiction OF the matters
In question.
The warrant for that action is the ipstruc-
tions of The President OF The United States and
the Secretary Of War to district the department
commanders, and the plecedents es abIished
heretofore, taken under the authority of such
Instructions iu precisely siuiilar cases, some ol
which | have already had the honor to cite to
your Exceilency. Tnese instructions are sub
s,an,ially that, until the legal questions invov-
ed in any controversy Ut this kind are solved
there can be no action by the military excep,
by such iuterpusition between the cuntesIinp
parties as may be necessary TO prevent breaches
of the peace and hostile collisions between citi
zens, aud to the end that IN any event the peace
may be preserved.
The course have taken is, | believe, pre-.
ciselv that which at the end of our conference
on the night of the 17ti laatant it was conclud.
ed that it would be proper 10 take, except thai
was Obliged to do myself what L hoped would
have been done by the mutual agreement of the
parlies to this contest ; aud IN my judgment il
was abb ,lurey necessary that it should have
beeu taken at the tline II Was, III order to pre-
veut more serious disorders than had alread,
occurred. -.,lrl Tf
Il thlnk it proper to add to this that from
several conferences with Mr.. Elyson, and one
with Mr. Chahuon, | had reasn to illfer tha
thi, action would be c,ncurred In by both, anc
that both would abstain from action of fore.
that would be likely to produc, hostile collislo,
un,If the cou,ts could settin the questions In
volved iu the controversy. Vst .sa.ssg.E Zoo,
.s.aas-0 Your ubedient servant,
.se.-,f fe.qs.s sgeg r. X. 5. CANBY. +
'sBrevet Maj re neral commanding. 80 {
A Z