The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-19
d lsral government existed la ths Slate q

no;ntnd Chahoon. Now, what title had
Chnhoon under that appointments we
maintnin that he never was Mayor in any
| LEGAL sense OF the term, and that he never
had legal title to the office. The dlstrict
commander was authorized merely 70 re-
move n disqualified person and appoint
military officer or civilian to perform Lne
duties of the officer so removable statuIes
at Large, page 42S; 10 Statutes at Large,
page q; Is Statutes ut Large, page Il.
What title did that assignment to duty con-
ferS
He (Chahoon), therefore, held by suffer,
ance Of the commander. subject to removal
by another detail from the military or civil
service Of the United States Government.
He was detailed for particular duty-.never
Ind shadow Of title to the office OF
Mayor-a mere locum tenens, filling the
place and liable to walk the plank at any
minute, like his predecessor.
But, even if perfect, this title expired
when the new Constitution went into erect,
for the reconstruction laws, according to an
express provision therein, expire az soon as
State Is admitted to representation In
Congress. .Eu tnstanter the law becomes
inoperatiye. The speaker then quoted 3
Howard, page 610, to show that the United
States law governinga territory has noftr-
! therforce after that territory becomes State
| unless adopted BY the Constitution as a part
of the laws of the State; and Is superseded
| by the Constitution Of the State itself. Thus
principle applied would have vacated Cha
hoon's Office on the Goth Of January, 1870.
Judge Meredith then examined Chahoon's
claim that he was continued In office by
| the order of General Candy dated JANUARY
9th, 1870. he called the attention of the
court to the fact that this order was issued
on the 9th, when the State was admitted
on the 18th. and the fact of the admission is
stated on it's very face. General Canby's
l power had. expired the day before, and ne
had no more authority then to restore Cha
hoon than to restore the officers removed
| by the reconstruction acts, and no more
right than he will have year hence to
restore him. The attention Of the court
was also called to the fact that General Can
by's order surrendering civil authority was
Issued on the 18th, whereas he had been de-
priyed Of the same on the 26th. This, how
ever, as a Formally, might have been we'll
enough, but he did wrong in attempting to
| filling the offices Of the State.
Further, IL this order was binding, the
officer was only continued until his success
| sor was elected and qualified. That success
sor was Mr.. Ellvson, and as soon as he
qualified Chahoon was .fu,actus oficio.
The speaker then proceeded to show that,
an interregnum existing, the Legislature
had very properly passed what is known
as the enabling bill, to prevent the
anarchy and confusion that might be
expected to arise from such state OF
had failed to- provide for such cases.
the - emergency The Constitution pro-
vided for elections in May and November,
and at no other times, while the officers
elected in May could not 90 in until July.
| They, therefore, passed this bill continuing
persons In office If eligible, and none
others. Chahoon, however, being United
States officer, was not eligible, aud his Of
| flee was vacated at once.
Here Judge Joynes inquired whether MS
acceptance Of the State Office did not vacate
| the other.
Judge Meredith replied: " No; the mo-
ment the two come together the State office
is vacated" Il Virginia Cases, 317 4 Leigh,
645.]
Resuming, he contended that the Le-
gislature not only had ample power but it
was their imperative duty to take some ac-
| ton to prevent anarchy, in view of the en-
listing vacancies. Article Y. Of the Constl-
tuition contains general grant of legislative
power to the Legislature. That grant Is
subject only to the restrictions OF the state
| and Federal Constitutions; and if the law
before us is not valid it must be shown in
/ consistent with those restrictions. II not,
its validity was undouhted.
Judge JOynes here interrupted to remark
that Judge Meredith seemed to be arguing
as if this was case Of tTuo acarranto.
Judge Meredith replied NO" lie had
shown that Ellyson had a clear legal title
to the office, and his commitment was there
1 ~ hoy To
/ mand to custody the prisoner committed
bv him. He had endeavored to show further
| that Chahoon had no title to the office, and
that therefore his commitment was unlaw-
| full, and the prisoner committed by him
| should be discharged. Under the writ Of
| h0beaS corpus the court was bound to in
| quire into the jurisdiction of the court COM
hitting the prisoner, and consequently, if
Chahoon was not Mayor Of the city of
Richmond, his commitment WAS Illegal and
void, being Il mere nullity. and the priso-
ner must therefore be discharged.
| Governor Wells (of counsel for Chahoon)
remarked that it was the position of him
self and associates that the title to the office
could not be tried by this proceeding, but
the parties having agreed, without the con-
| sent of counsel. to submit the question to
this court. if it could be decided in this
way they were willing. At the same time,
Us Mr.. Chahoon is q Federal officer, they
| held it legitimate subject of appeal to the
Supreme Court of the United States.
Judge Meredith, without commenting on
these remarks, continued his argument,
contending that the question will be deci-
ded by deciding who is dc .jure the Mayor
of Richmond. He then referred to the
following authorities to prove the power
of the General Assembly to pass the
enabling act under the general grant
contained in Article VII. Of the Consti-
tution-24 Barbour, 400; 81 Penn'a, 100 /;
i l Smith Q5New York Reports), $40 3 ke-
nan, 39l-476 1G Georgia, 113: "a Alabama,
GA; % Connecticut, 200; 10 Missouri, %.
The field Of this court was simply to in
uuire whether the law is consistent with
the limitations OF the Constitution. All
other questions are with the Legislature,
and the corrective is with the people. But,
in addition to the general grant, some con-
tend that there is an express grant in the
22d section of Article Y. of the Constitu-
ton by which the General Assembly is
empowered to declare offices vacant, where
no provision is made in the Constitution for
that purpose, and to fill the same but as
this section was capable of another signifca-
ton he would not press this view.
He then denied the truth of the objection
that the enabling act changed an elected
into an appointed Office. It only provides
for an interregnum, there being no proyi-
sion to fill such vacancies in the Constitu.
ton. The Legislature has already passed q
general registration law, and will probably
have all things in readiness for an election
on the appointed day. In conclusion, he
said that Mr.. Ellyson was rightfully Mayor,
and by appointment qualification succeeded
Chahoon, and that the prisoner Bell (com-
mitted by him) is entitled to his liberty.
Judge Meredith closed his argument at a
/ O Id fhn ri haf cd