The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-23

ton. s:t,t..
That such controversy cannot be enter
tanned or tried in equity, in any court OF
the United States, according to the princi-.
pies and practice in equity and the laws OF
the United States.
That exclusive original Jurisdiction OF
contested title to the Office of Mayor and
other Offices aforesaid of the city of Rich
mond, Virginia, pertains to the judicial
tribunals or authorities of the State OF plr-
ginia, and not of the United States.
Second. And the said defendants, as far
ther and other reasons against said motion,
assert and represent:
That the said George Chahoon is not, In
law or in fact, Mayor of the city of Rich
mond, and that by the law of Virginia no
is not capable of holding that Office.
That the said George Chahoon is not re-
cognized as Mayor of said city by the Le-
r;slative or the Executive department Of the
State of Virginia, or by the Council of the
said city, or by any of the officers or agents
of the said city.
And the said defendants aver that the
said George Chahoon, on. Or about the -
day of -, 1867, by the circuit court
of the United States for the district of Vir-
cinia, was appointed to the office of COM
missioner to take bail, affidavits, &C., and
accepted said Office and qualified as
such and that thenceforward, hitherto,
he has continuously and notoriously held
and exercised the said Office Of United
States commissioner, receiving therefor
large emoluments from the Government Of
the United States; and that by reason
thereof he is incapable of holding the
office of Mayor aforesaid under the law Of
Virginia, found in section of chapter IL
of the Code (referring to any Office or trust
under the Government of this Common
wealthy, which declares
"No person shall be capable of holding
any such post who holds any post of profit,
trust or emolument, civil or military,
legislative, executive, or judicial, under
the Government of the United States. or
who receives in any way from the United
States any emolument whatever" And
the said defendants deny that the said
George Chah0ou is in any sense IN officer
of the United States other than said United
States commissioner, and they deny that
thev Or any of them have resisted or op-
posed any officer of the United States in
the execution of his Office or the exercise OF
official authority within the said city Of
Richmond.
The said defendants farther represent
that during the domination of the military
authority of the United States in Virginia,
under the reconstruction nets of Congress,
the said.George Chahoon, being appointed by
the commanding General to perform the du-
ties of the office of Mayor of said city, quail
fed therefor by taking the oaths ms an officer
of the State of Virginia, and not as an officer
of the United States, as will appear by Off
cial copies thereof. annexed hereto, and
marked -.
And the said defendants are advised and
insist that upon the admission into Con-
gress of the senators and representa-
tivcs of Virginia, on the 26th day OF
January, 1870, by the act OF the Con-
eress of the United States, the Mill
tary government, under the act entitled
'san act to provide for the more effi-
cient government of the rebel States,"
passed March 2. 1867, Immediately and
wholly ceased. and the said act became,
according to it's own terms, ''then and
thereafter imperative in the State Of Vir-
rinia, and the Constitution and laws OF
Virginia became, then and thereafter, the
sole and supreme standard Tor the qualifl-
cation and title to State and municipal
office, subject only to the Constitution OF
the United States. And the said defend
ants are advised and insist that the judicial
supervision and guardianship of such offices
pertain to the State and not to the United
Stntes courts, under the laws of the land.
The transition of the Government, in the
srpcrccdure of the military by the civil, in
pursuance of the acts Of Congress, was
ipso fucto at once absolute, efficacious, and
complete. AMI accordingly the General
commanding the military district compris-
ing the State of Virginia, for the informa--
tion of all concerned, officially proclaimed
the surrender or cessation OF all authority
in or over the said State under the recon-
struction acts. and thereby officially pro-
claimed what, by Law, was already accom-
plished.
Third. In this conjuncture, NIL the Offices OF
the State, whose duties were being performer
by military appointees under the recon
struction acts, became and We're vacant: SO
that, for the avoidance of anarchy, the Le-
cislature was induced, if not obliged, to
exercise it's inherent power or the ex-
press eauthority under the 22d section
Of article of the Constitution Of Virginia
"to prescribe the manner of filling vacan-
cies iu office in cases not specially provided
for by this Constitution
And the said defendants further re-
present that during the time the said
George Chahoon was holding and exercising
the said Office of United States commits
sioner, and thereby incapacitated for, and
inelirible to, the office Of Mayor Of the said
city-to wit On the 5th day of March,
1870. the General Assembly of Virginia
passed an act entitled san act to enable
officers now holding Offices in Virginia by
military appointment or otherwise to hold
over until their successors are elected or ap-
pointed and have duly qualified to ratify
and confirm the official acts Of oil such otil-
GERS, and to provide for filling vacancies
in the Offices of justices and constables-a
copv of which act, duly certified by the
Keeper of the Rolls of Virginia, is hereto
annexed. In virtue of said act the Governor
of Virginia appointed certain of the said
defendants (namcd in the complainant's
BILLY as Councilmen OF the city OF Rich
mond, who, having accepted the appoint
ment and qualified thereto according to law,
thereupon entered upon the duties, and
have thenceforward continuously exercised
full ii, authority, power, and jurisdiction, as
sncb councilmen, without let, hindrance, or
objection, from their predecessors, late
military appointees, or others, ana WIN
full recognition of the Legislative and h2-
ecutiye authorities of the State. And no
other persons OF body claim to be council
men, or to exercise the office or authority
of councilmen for the city OF klchmonu.
mi co,,o;l of tho CITY of Richmond, 80