The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-29
THE MUNICIPAL WAR.

being more than dozen whites in that nor
ton assigned to spectators. Inside the bar
there was more beauty than has appeared
in that court since the hearing of Air. Da-
vis's case. On the left of the Judge, in the
jurors seats, were about fifty ladies, with
one or two exceptions from the northern
States. The handsome dresses and fair
faces Of this class Of the spectators were
decided relief to the legaldryness Of tho pro-
rccliDgs. They seemed quite as much in
torcstcd MS the male spectators, and many
Of them staii till the conclusion of Cover
nor Wisc's speech. At l0o'clocE tho Judge
took his scat. and the injunction case of
ChaAoon as. Ellyson and others was called.
SPEECH CT EX-GOVERNOR MISE.
MAY it please your Honor, / say, once for
all, tia, shall attempt to follow the exam
Dlc which the other side pretended TO fol-
low, but did not follow-not abiding to the
riot and hloodshcd in this case except as a
matter Of necessity, as involving the 9ues-
ion of jurisdiction !; except to ask@fyonrt
Honor to stop this demon riot and the eiiu-'
sion Of blood and tho s.oNlst OF iaWiess"
ness, and these mates are here Ill the
record.
The first question, then, is, Has this
Federal court jurisdiction to interfere
with the exercise of force In the exer-
else of that force | say that there
is no need for either side to plead guilty or
not guilty. But it is force that has been
exercised since your Honor's order WAS is-
sued for its stoppage. If this force was
not legal, what authority was to arrest ii !
Tie defence, and | ask your Honor's atten-
ton 10 that fact, denies that there is any
authority TO arrest it. It is done under the
color Of law which is unconstitutional
and which the Legislature had no legal
right to pass. They have chosen to put
this question on the narrow and contracted
view Of u mere private question of title TO
oiiice-not considering the question, mark
YOU, that it is the public peace and order,
la; putting il OH the private ground OF Il
contest bctwcen these two men. This mar
row niSi priuS view OF the case leaves out
ali the general meaning Of the law for pre-
serving the peace while State is being in
Quoted into 5elf-goyernment-that il,
and | cannot help expressing it.
while il is passing from n nrovi-
sional to provincial government. The
question is whether Chahoon is Mayor
Of the city under the reconstruction acts of
Congress and under tho Constitution OF the
State, and can he be removed? The exc
crlton Of the provisions Of the Constitution
is still incomplete, and its execution, its
completion, is Il question Of conflict Of law,
ana not mere private conflict between in
dividualF. | will go 1t once into the ques-
lion Of Jurisdiction. And here | an not
I.lr1 YI,. NV a .
would pick hickory nut. but give your
ton generally, and let your Honor make
Your own decision. 1t is costly proceeding
10 the citr-this that is going on now.
Its business is stopped. The very black
smith il resting on the handle OF his
hammer. This thing of two scts of po-
lice, two Mayors-wil that do Is
that peace Is that the thing FOR Il city
just beginning to bud again Did You ever
see the keeper Of the hounds. your Homo" ?
lie doesn't look It the hounds altogether,
your Honor. hu; he looks also al the mush-
pot. The inuSh mustn't he brought out too
bot, or Tray, blanche. ard Sweetheart,
will Scall their mouths with ii. And
tla; is the case here. They have been too
cacer for the mush, and they have found it
hot. Why 10 they not wait Mr.. Ellyson
has had notice. He has been prayed to
wait and seek in season b. the law, but he
preferred siege to season.
Mr. WISE here went on TO explain his
Jos ton in this case. lie said that person
ally he had nothing to DO. cXccp; as q citi-
zen, TO dcptccatc the violence on either
side. Personally he had not the least
cause 10 favor either party. Professionally
no gentleman on the other side would CEN
sure him for acting as counsel in this case.
Outside Of this, 40 respectable person would
ccnsure him: and il any class lower than
that does. they had better take caIe-they
hal better moi cut themselves off from coun-
sell Tor likely they will need il. The gem
tlcmnn who did employ him was influenced
perhaps by the knowledge that he believed
The enabling act unconstitutional. He was
sent Tor 20 90 to the rtatl0n-housa 10 see
Mayor Chahoon, and he went. Those men
which EIr. Daniel has said that Mr.. Ely
son might have called did not stop me. Ii
they had, think with nien and manner
and the men in this city l have had the
honor to command could have passed.
have fought against worse odds than this in
Know w-Nothingism, and that Brother Ely
s0u knows, for he w&s vice e-president OF a
club Of KnowNothings.
MIR. WISE went on to explain that While
he was in this case as counsel he was not
affiliated with the counsel Oh that side in
politics.
He then wen, back to the case. He con-
tended that Virginia had never ceased to be
State Of the Union, and that Congress, in
creating q new form Of government for
her, lad never destroyed the old State
government. Congress merely declared
that secession had rocaied the old places
in the State-exccutivc, legislative, and
judicial and Congress had the right to fill
those places, but not, he thought, with per-
sous who were not citizens. The govern
ment then instituted was not, as the gen.
tlcmcn on the other side had contcnded,
military. Itwas provisional government,
and the military was only ancillary and
auxiliary to it. All the officers were pro-
yisional and civil officers. So was Schofeld,
and so was Canhy until his mission ended
They were military men, it is true, but
were here as civil officers to carry out State
functions in the State. Schotield was here
as II civil officer when he appointed Cha
hoon TO he M vor.
The inducting net of Congress was next
considered. The speaker claimed that Con-
gross, BY its inducting acts accompanying
the Constitution, makes it indispensable
that that Constitution should be carried out,
and that only. The conditions imposed By
Congress were precedent to epresentation-
not admission to the Union, but representa-
tion. Congress makes discrimination be-
tween these two. Congress declares that Of
fees shall bevacant within thirty days unless
the occupants take the oath prescribed in
the fourteenth amendment, and yet the gen
tln,nen on tho other side declare that the