The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-01

L draw the liner lTgWOuiu put the arDlCTary
right of the party at the discretion of the
court, and your Honor becomes in fact the
appellate court. In the question whether
| the party is entitled to an appeal, the argu-
! rnent is beard in an APPELLATE court, where
it is decided whether the appeal is rightly
taken or not. The question whether de-
cree is final or merely an nterlocutory order
is one of the most intricate in law, and if
you assume the power to decide it, it cuts us
off from the higher courts. 1t is useless for
Gentlemen here to say that this case is suf
fciently plain to warrant the court in with
holding the appeal.
The COURT: The counsel mistake their
remedy. 1t is easier than they think.
Your motion is simply to dissolve the in
junction, and then the question goes before
he Chief Justice when he is ready to hear
it.
Mr.. DANIEL: I may not be ready to move
to dissolve the injunction. If the question
of appeal can be decided here, that cuts off
all appeal.
The COURT: If the gentleman has ever
heard of q case where the temporary de-
cision of circuit court has been appealed
from, the Court has never heard Of it.
Mr.. DANIEL: The decision of your Honor
has been most thorough going, and you
have decided all the questions presented,
and in the same way. Can't we appeal
from that.
Mr.. CHANDLER: We don't resist the ap-
plication of the defence for an appeal, but
do resist their remarkable application for
-,
argued here day after day by men OF aoli-
ity, and your Honor has decided the act OF
Assembly unconstitutional, the enabling
act invalid, and that under 1t scenes OF
bloodshed and violence have been enacted.
You have decided that these things are to
be stopped, and yet here you are asked, af-
Ter your decision to set it aside, that the
thinr may still go on. Ellyson to get more
arms-more violence to be enacted. They
talk about bond Is this case where
bond meets the difficulty? Suppose the
bond was for millions! Suppose life should
be lost. would the money Of that bond bring
it back from the tomb? You are asked to
set asile your decision as mere brutun ful-
men, and remand lis back to the condition
we were in
Ex-Governor WISE All we have to say
is that we oppose this motion SIMPLY pe-
cause it makes null your whole decision: Ii
lust has the effect of continuing MIR. Ely
son in office after you have decided that he
is rot in office. All that we ask is that you
10 not grant them the order, and continue
Chahoon in lis Office, where he of right
belongs.
MIR. NELSON: If your Honor please.
there are two kinds of appeal in the Jurls-
prudence OF the United States. Our laws
wisely provide that most Of the decisions
of inferior courts, especially in important
cases, may he revised by the supreme
Court. All Judges arc deemed to be talll-
bic men, and, with all respect, Your Honor:
I sunpose, does not claim to be otherwise!
The COURT: ! have already said that
gentlemen are entitled to any relief within
the power of this court.
Mr. NELSON: Certainly. | did not IN
tend to imDugn the incumbent OF this court.
The CorRT: Mr. Nceson. do you suppose
that decision such as is asked OF this court
was cvergranted in any court in the world Z
MIR. NELSON: am going on to consider
that question. There are two kinds OF ap-
peal. In one. the parties give bonds, &c,
md when the case reaches the Supreme
t,o,ut there il is decided whether the case
: an anpcalablo one. In 9th Wallace, GS,
4 case in point is fol:nd. There was 4 decree
settling the right Of the parties, ana order
me the accounts to be settled. Ii was taken
M. and The Chief Justice decided that 1t
WIS ii fanl decree. Ivu have. TO ali intents,
settled the rights OF these parties here. The
lille Of iilyson AMI al the questions IN the
case have been settled. Is not that final
decree Not question remains undecided.
Ii is final decision, settling all the ques-
items. Now. ii We cannot appeal from that
decision what remedy have we
The COURT: Why your motion could 60
to the circuit CONT.
Mr.. Nelson: Why, this orlcr is by and
in the circuit court.
The CcrET: Yes: hut the merits Of the
case arc not decided on. The decree is q
temporary injunction predlcated on the
views Of the Court.
Mr.. NEES0N: This is rs absolute and final
an order as your Honor can make i'll any
case. We claim rs our right, and pray FOR
il. to take an appeal and enter bonds for
costs. &c. 1t is true that supcrsedes the
action Of tic injunction, but that is the IN
eyitablc course Of law. To say that an
appeal with supcrscdure in the case would
only defeat the decree is merely to say that
the law itself defeats the decree. We are
persuaded, with al respect to the Court,
that your uonor's appeal is erroneous, and
we ask 10 take an appeal.
The Court: should expect tobc laugh
ell at by every lawyer ut Washington if l
should so stultify myself by granting an
appeal from Il temporary Injunction. !
stake my reputation rs Il lawyer in saying
that Tie thing is prcpostcrous and ridlcu-
lous. and was never heard Of. do not de-
sire to keep the matter from the Chief JUS
ticc. wish lie had sat here. l wish the
cup could have passed from me, and it had
not been thrown on me TO decide this riot
Nine persons have been shot down III this
CITY. and two of them are dead, and the
people have sufficiently tried the expense
of dual Mayors. ! am informed at mill
tarv Headquarters that violence is appre
hended. and can say that the same feel
ing prevails ~ military headquarters IL
Washington. These two Mayors cannot be
endured. The city for two years has beer
| growing in reputation for good order and 1ol
economical government. should not lee
that l was doing my duty if did not stol
by the law the scenes of violence feared
have not the power to grant the motor
asked for by the defence. cannot sus
pend the order, for believe it to be ar
order for peace and an order to stop blood
shed.
Mr.. NELSON: I don't ask for an order t.
suspend. I desire to move for On appea
and enter into bonds.