The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-01
rndae 1rnderwood's Opinion"

In reading one OF USpERWoOD'S : opl'
mons" we cannot but recall CARLYLE:
forcible reference in recent letter to " the
liturgy of Dead Sea apes On account Of
their sins, the people who formerly resided
on the borders of tho Dead Sea, though
long dead, are compelled to return period
ically to their ancient haunts. and IN 'hs
garb of apes chatter what CARLYLE eaiis
al liturgy" Who can help such Thoughts
when he sees UNDERWOOD sitting in the
seat Of the great Judges who formerly alleo
the place and chattering a worse than peaa
Sea liturgy
The opinion" which VIC publish this
morning is Of course no opinion Of all. IL
is rigmarole Of such stuff as UNDERWOOD
is in the habit of vomiting up on occasion
The arguments which have appeared IN
this paper during the last ten days have
satisfied every unprecedented reader, first
that UNpERwoor had no jurisdiction in the
case Of CuAHooS Is. ELLYsoN; secondly
that if it were possible for him to take jul
risliction in any such case he could not
take ii in equity; and thirdly, that i'll any
event Er1.YSoN is the rightful Mayor of the
city Of Richmond, lawfully chosen under q
constitutional statute. UNDERwooD'S re-
luSal to grant an appeal, or to arrest Ell
TYSON and let the case go up on writ Of
habeas corpus, shows that he, too, under
stands that his decision could not stand for
n moment before Justice of the United
States Supreme Court.
We do not intend to 60 over the ground
which has been so thoroughly gone over by
the counsel in the case, nor to review this
"opinion." We would, however, in order
to open the eyes of the northern people to
the nature of this decision, remind them
that the councilmen whom UNDERWOOD
speaks of so slightingly were appointed IN
precisely the manner prescribed by law
and that as the Constitution makes no pro-
vision for the election of councilmen, but
expressly says they may be either elected
or appointed. as the General Assembly may
determine, it is simply impossible that
their appointment can have been unconst-
tutional. Yet, in order to mislead strangers
and the ignorant, UNDERWOOD uses the iol-
lowing language:
" The Constitution provides that the
Mayor and Other municipal officers shall
be elected in May" &c.
Comment on such an attempt Oh the part
Of Judge to mislead the public Is unne-
ccssarv. In like manner UNDERWOOD
quotes language used by Attorney-General
TAYLOR to describe the mode Of getting rid
Of IN officer by the aid Of court o.
justice. and makes it apply to the Lcgisla-
turc. Mr.. TAYLOR says an officer can be
removed by q court only i'll certain way.
Underwood infeYs hence that the Legisla-
,!rc can remove him only in the same way.
The idea that General CANBr'S order
could continue CuAHooN in Office is too ab-
ruld. or too outrageous, we hardly know
which, TO admit of comment.
So as to his concluding sky-scraping.
ELLYSoN's counsel never denied the power
nor the right of the court torrotect nlted
States officer. Bu: CHAHUVN is no United
States officer. The court, therefore, had no
jurisdiction on hGt account. Yet UNDER
wuop rants in the stump-specch style about
protecting United States officers. Allthese
instances show what sort Of an "opinlon
We are considering.
- Fictitious Council" " PcE and his con-
fclcrates,' pretended authority" THESE
Hrc U>DERworn'S own phrases. lie htly
concluded his speech by little bit OF Hat
terry to General GRANT. This was us ap'
yro!liate and as creditable to UNDERWOOD
rs anything else in his "opinon.' Al
most everybody expected this decision. 1t
wis announced several days ago in For
>Er>S papers and the New York 7r|bu"e'
le, it is none the less felt to be an outrage
upon the community.