Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1870-03-22
Excitement in Acknowledgements in a
Teapot.

NAnNo w S0uOo0dy lool, tACAS Aoo UCCu SISdt
excitement in Richmond caused by the tuactu,
o67cto appointees of the military holding on te
their Offices in defiance of the State authorities
and in violation of the laws of the State The
Radicals have fallen into the ditch which they
dlgged for the Conservatives. 1t will be re-
membered that, in the Convention which
framed the State Constitution, the Radicals
had controlling majority, and believing that
they would also have majority in the Legisla-
ture, and be able to elect Radical Governor,
with view Of ousting from Office at once the
Conservative ofice-holders OF the State, they
made no provision, as had been uniformly done
before on the change of Constitutions, to legal
ize the official acts and to retain in Office, till
their successors could be elected or appointed
in accordance with the provisions Of the new
Constitution or laws passed in pursuance there
of, those who we're in Office at the time. 1t re-
suits from this omission-supposed to have
been designed with tie motive Indicated that,
on the adoption Of the new Constitution, all
the Offices we're vacated, and consequently no
validity could attach 10 the official acts of those
holding the Offices thus vacated. It was to
remedy this evil that the Legislature passed
the Enabling Act" legalizing the official acts
of the present Office holders till their successors
could be elected or appointed, aud aut horizing
the Governor, inathe interim, to make appoint
Eaents. The Constitutional authority to pass
the enabling act is given in the 22nd section of
the 9Th article of the new Constitution, which
is as follows: 1.-THE manner Of conducting and
making returns of election, of determining con-
tested elections, and of filing vacancies in Office
in cases not specially provided for by this Con-
stitution, shall be prescribed by law; and the
General Assembly may declare the cases in
which any Office shall be deemed vacant where
no provision is made for the purpose in this
Constitution.
The right Of a Legislature to prescribe by
law the manner of filling vacancies in Office in
eases not specially provided for in the Constitu-
ton, is thus given In express terms The Gov
ernor, in appointing new Council for the city
of Richmond. acted in accordance with the law,
and the law is in accordance with the Constitu-
tion, as is shown by the section above.
Against this law the Radicals are rebelling,
and destroying the peace ofthe commonwealth.
1t is surlnised by some that it is scheme to
provoke such violence on the part of the Con-
servatives as may furnish a pretext to Congress
to put the State again under military rule, that
the Radicals may continue to hold Offices in op-
position to the wishes of the people.
That the Governor had legal right to ap-
point a new Council we have no doubt The
policy of his doing so We do very much doubt
We have been of the opinion that it would be
better to allow the present incumbents to retain
their Offices till they would be changed 10 the
regular mode prescribed by the Constitution
those to be elected by popular vote to remain
in office till the time for election, as prescribed
by the Constitution, shall arrive.
We have depressed from our purpose, which
was, to give briefly the occurrences in Rich
mond.
On Wednesday night, the City Council ap-
pointed by Gov. Walker under the Enabling
act, elected Henry K. Ellyson Mayor, and chose
new Chief aud Captains of Police. Thursday
morning about day the new Chief, Maj. John
Poe, applied at the lower Station House for
possession, but was refused. Later liz the day
Mayor EIlyson applied by letter to Mayor Cha
hoon for the Mayors Office, books, &c., and
was refused, Chahoon declaring he was in the
Office By Law, and would not yield until elected.
Chahoon, who had possession Of the lower
Station House, proceeded to swear in special
Constables to the number Of one hundred and
fifty, including about twenty colored. Ellyson
shen proceeded to swear In about two hundred
special officers, and surrounded the lower Sta
ton House, where Chahoon and his specials
were, the plan being to arrest any Of them who
came out. Mayor E!lyson had possession Of
the City Hall, and all the other public buildings
except the Station House, which was hold by
the opposite party. The old police fesee divid-
ed about equally between the t.sox Mayors. -
There was crowd of 1000 backs and; many
whites congregated abora the lower Station
House, which vas the point Of interest. Cha
hoon sent, through. his COUNSEL, Ex-Governor
Wise. q lettes 70 Governor Walker, stating bis
position and asking assistance to maintain his
authority,
Governor Walker inreply to Mayor Chahooa'
application, said that Mayor Eyson bssBg lie
gally elected under an act Of the Legislature, hi
could not recognize any one else as Mayor thai
Chahoon was incapable Of holdicg the Office un-
der the law of Virginia, as ha already held q
Federal Office that no breach of the peace could
occur without Chahoon' act OR approval; thai
he should resort to peaceful Judicial remedy, il
he wished to test the question of right; and
finally, that he should obey the laws and sustain
the constituted authorities
Elk Gov. Wise, R, W. Hughes and L. T.
Chandler were the counsel for Mayer Chahoou,
who With about thirty men, were ia the lower
Station House; the besieging force having cut
of gas and water, and forbid any provisions to
be sent them. A crowd Of eolored men bought
out a bake shop and commeaced throwing bread
up to the besieged, but they were driven off b.
thespecial police.
At dark Mayor Ellyson and Chief Of Police
Poe, and others were arrested by the T. S.
Marshal for having refused revenue Officer
permission to see Chahoon in his character a;
United States Commissioner. They were bail
ed until Friday. A company of troops wa.
brought into the city by order of General Can
by.
On Friday morning, Mayor Elyson and Cha
hoon had an interview with Gen. Candy. The
Chahoon party still held the lower Station
house, with the exception of three or four wht
yielded to hunger and came out-haging hat