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

The court met Mt 10 O'Clock, and in few
| moments the cnse Of Ellyson as. Chahoon.
motion for injunction, was taken up.
EX-GovERNoR wlsE's SPEECH CONTINUED.
Governor WISE said be felt like Monsieur
! TonSon "come again. and be wishe1
| that hvc-mile heat of Yesterday had
To-day he would have TO saunter along.
lie hoped the Court would Indulge him.
Before proceeding with the argument he
said he would allulc TO case bearing on
this one. \ General Gleason had lately
been tried in the York county court, sem
fenced to TIE penitentiary for five years,
and the case being taken up, on hdbcaS cor
| puS, to Judge freeman, a State judge, he
decided that Gleason being United States
officer the State court could not try or sen
tcncc Kim, and thcrcupon set him free.
| Does not this 60 to prove that TO the State
| laws the officers of the United States stand
! in the attitude of noii mc tHngerc. Mr.. Wise
quoted John Marshall III the Convention of
$50 to show that on the question of in
tcrrcgnum his opinions were Numerically
opposed to those of Benjamin Watkins
| Leigh. 1t was desired to take care Of the
judges. and it was provided that they should
remain in Office until the second session of
| the Legislature after the adoption of the
| Constitution, and Il remuneration to those
who should not he reappointcd. In the
| discussion of this, Mr.. Leigh says that if the
! iulrcs were 10 fall with their courts ipS0
! tactp. then the case ought 70 be provided
/ for. NJ. MARSHALL said there would be no
suspension Of the judicial functions, and he
pic.umcd the Judges would continue until
| their tcfms expired; and said in express
terms that if the Convention did not pre-
scribe any change in express terms, then
| that change was not mutie.
Governor Wise then proceeded to recap-
t;latc lie said il had been shown that
| Ellysuu had no; II shadow OF claim to being
tr f,l,to Mayo. By EllySon's confession
! it appears that when he attempted TO take
,,o,Scssiuu Of the Office he found an incum
! bent III the wav-an incumbent who asked
! h:ln II take peaceful means to remove him.
| Ills rccuisition that he made on ChnEOon
was not withdrawn by HE subsequent Use
, d force. Certainly he could not claim that
th4hoon had recognized him, nor that he
! iud had even an inception OF 2r .fHrt"
Office. They say thcy had renewed the
cap;tol'-thc police -court-from the sta
ton house. Why. ;sn't it plain that this
was confession that thcv were not dc
racto--thcy could not &c, possession of thcir
capitol, 50 they took another. Any pre-
;ca.jcr ;oa crown might Sc: una d" capitol
! in any oi Tie wilis Of thc country he claim
! rl - 1ulc. la, ,h,, would not make him
,;..h;f,,1 l,in.r
| tl,,Lnor !. l',.taa ,..a.,.: ,f;;ccr i,.;, -,
! Minor El4clkln, who na. :.,,rointed "a ST.
! rrpSc.lc Sheriff Wright. uai ior stan
/ ton. who superseded Auditor Taylor. Now,
/ these officers w"rr douhlv officers al the
/ ni;cl States. They were clothed with the
lo,,rr Of = military officer Of the United
state. ar,l with titr rover Of = prnvis;nnal
officer nr;o;ntcd hy tie United States to
a,sis; in and remain till the induction Of
The State. General Canby's onicr ke,;
t!.cse ,rovisioual officers in until their sue
cc,su,s should he elected or appointed. anal
!, YVES the same order that that General had
;s<,lc1 un,, o. similar circumstances in the
Srcorj Military Dis,rirt-,hc two Carroll;
mas. There hail been some tar,uegs in the
?,,rroS,. ,.np,Irnrr between Goycruor Wal};cr
and General Canby, for which the sneaker
was sorry. Bur i was inst to ranl,v ia say
! iA.t (;oyrrror Walker had cncc oiicrr,l
! - .irp with General Canjy - similar order
ia ,l.,t issurd The s,raLn7 cnntanlal finn
! ;hcrc was ma Goycrnlncut IN y,rr,nio aftcr
! l,,, ol,pi..ion oy..nt ,h,t ,,ndnr RI. Con.
.,i,,,io,, and u,,lnr tl,, ,,~oy;.:o,ol ,rovarn-
rcut. The former not beinm in oIcrat;on
at once. then the authority Of the rroyi-
! ,lonal government still continued, over until
Organization was complete.
| The old CITY Council, under Chahoon. did
no, conEcut to being surcrecdcl. He WAS
! ,r,I,iiypl ly same of them n lcost +, s,v
! ,Lot tI;cy never consented 70 il and TIM,
force prevented their COIN, to tie Council
! ChaIulcr. Chahoon, a. far as he WAS con-
ccrned, had kept the peace and done no
! harm to any one. He had even refused to
use arms when tainted by his opponents
! to 20 so. lie need not argue with the court
the prorostion that CuaAoon's bill having
charged that EllYson had assumed the
Office OF Mavor admitted that lie Was de
! j2cfo Mayor. The bill EXPRESSLY NEGATIVES
any idea that even by the first inccptivc
motion had Ellyson taken possession OF the
| Office and duties of Mayor. Chahoon was
ntro:ntad nv 81 nrovis;nnol Government
which was the law to the State and thcrc-
| fore was the state. There is no so,cci.m in
that Tho S.utn va. without officers and
! the Tnl;el Stotes was oLlrod nnder the
Constitution, to i'll these Office, with men
! to do the legislative. executive and judi-
c;ol brsiucss # :ae Stoto .Judrr More
din ovcrInnkcI Ills when he asked ;C cha
boon WIS . S,qtn otrcrr. and # 50 then hv
,vhat S,at. ontbo,;t,. VS. la nn,o;,tod