The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-14
THE sEAYORALTY CASE
BEFORE THE COURT OF APFEAHs
Writs of Habeas Corpus Awarded
The Argument to he Heard Monday

In the Supreme Court Of Appeals on yes
terday (all the judges present) the follow
Ing petition for writ of hdbeGs corpu.s was
presented by Judge Meredith, the object
being to bring the question of the constitu-
tionality of the enabling act before the Su-
preme Court:
To the Honorable Judges Of the Supreme
Court Of the State of Virginia:
Your petitioner, Archibald Dyer. repre-
sents that On the 26th of March, 1870, he
was arrested under the warrant of Michael
Murphy, q justice of the peace in and for
the city Of Richmond, and was held in GUS
tody until the 29th of March, 1870, when
he was carried before Henry K. Ellyson,
representing himself to be Mayor of the
city of Richmond, and assuming to exer-
else the powers and functions Of that Office,
upon the charge of unlawfully assaulting
and beating one B. H. Connor; and the
said Ellyson did unlawfully and illegally
assume, rs such Mayor, to hear and deter
| mine the said cause of your petitioner
upon the charge aforesaid, and that he, the
said Ellyson, as such Mayor as aforesaid,
did unlawfully and illegally require your
petitioner to give bail in the sum of $3.50
to appear at the next term of the Hastings
Court for the city Of Richmond, to be held
on the second Monday in May, aud then
and there to answer ON Indictment under
the charge aforesaid that not recognizing
the authority of said Ellyson to require Of
him the aforesaid bail, but denying the
exercise of such power as unlawful, yet
yielding to force he was powerless to re-
sist, did exercise his recognizance with
William Z. Martin and his recognizance
in obedience to the requirement of the said
Ellyson; and that all the acts of said Ely
son as such Mayor, every, all, and singular
of them, in this behalf are illegal, null, and
void.
Your petitioner further represents that
in April, 1868, by virtue of the acts OF
Congress of the United States, the State of
Virginia was constituted the first military
district. under the command of General
John NJ. Scbofeld, of the Army of the
United States, and George Chahoon was ap-
pointed by order of the said commanding
General Mayor of the city of Richmond
| that the said George Chahoon did there
upon take the oaths required by law, and
| in all respects duly qualify and enter upon
the discharge of the said duties Of Mayor
that he was continued in said Office as
such, and has discharged all the duties ap-
pertaining thereto up to the time of filing
Of this petition.
That heretofore, and under and by vir-
tue of said acts of Congress known as the
reconstruction acts, Constitution was
adopted for the State of Virginia, and sub
m;tted to the people thereof in the way
pointed out, and by virtue of an act of Con-
gress passed in April, 1869, which said Con,
stitution was afterwards approved and rat
i6ed by the Congress Of the United States
and thereupon become not only law of tho
State of Virginia, but also law of the
United States, as lie is informed and be-
lieves the fact to be.
That by the terms of the said Constitution
as we'll as the prior Constitution and sta
tutes Of the State, the said office of Mayo,
of the city of Richmond was made and is ar
elective office; and, as your petitioner is in
formed and believes, no person can be ap'
pointed to said office by any State or NUM-
cipal authority, but that the persons hold
| ing office under military appointment legal
| ly continue in said offices until their sue
| cessors are duly elected and qualified.
That in the year 1868, and prior to the
| adoption of said Constitution, by further
appointment of the President of the United
States, acting under the authority of tht
said reconstruction acts, Ma Or Genera
i. r. S. Candy became and was the mill
tary commander of the said first military
district, embracing the State of Virginia
and thereupon was vested with all tht
power and authority conferred by said re
construction acts, including the power Il
appoint to and remove from Office, and thai
as such military commander he did, by hi
proper order, direct that the terms of Office
of all officers of the provisional govern
ment of the State of Virginia, whether
holding by original election or appoint
lnent under the laws of the State, or By
appointment or detail under the laws of tn,
United States, should expire when thei
successors, elected or appointed under tn,
Constitution, should have duly qualified.
That George Chahoon was 80 appointed
under the laws Of the United States, and j
now Mayor of the city of Richmond.
That afterwards, and in the month O
March, 1870, an act of the Legislature pro
tossing to be an act to enable officers no1
holding Office in Virginia by military ap
pontment to hold over until their success
sors are appointed and qualified, and t
ratify and confirm the official acts of sucl
officers, was passed by the General Assembl
of the State of Virginia, and enacted amon
other things that all officers who are eligi
bic to Office under the existing Constitution
and laws of Virginia, and who qualified
on or before the 26th of January, 1870, b
recognized as the legal officers of this Com
monwealth, and authorized to continue t
hold the said Offices and to exercise tn
rights and powers, perform the duties, an
enjoy the privileges and emoluments, a
far as they may lawfully do so under tn
present Constitution and laws of the State
and that the said Chahoon qualified befor
the day named in the said act, and was an
is now eligible to the said Office of Mayor
and he believes it, and therefore charge
the fact to be that he, the said Chahoon,
the legal incumbent of said office.
Your petitioner further represents tha
he is Informed and believes, and by anothe
portion Of the said act, the Governor of tn
State OF Virginia was authorized to appoin
councilmen for the city of Richmond, whicl
provision your petitioner is informed, be
lieves, and charges, to be illegal, unconsti
tutional, and void, but that under color O
the said provision his Excellency Gilbert C
Walker, the Governor of Virginia, did, OF
the 10th day Of March, 1870, illegally un
dertake to appoint, and, as far as he wa
able, did appoint certain persons to b.
councilmen of the city of Richmond ant
thereupon the said persons 80 appointed a
aforesaid assumed to enter upon the dutie
Of the said Offices; which appointment
your petitioner is informed, believes, AM
| IL ..as thn e. or to ho oaoh and oil Of thnn