Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1870-03-29

referred to above: - :
MAYORS OFFICE,
RICHMOND, March 10, 1870.
Gov. Gilbert C. Waikey:
oIR-My recollection of the suggestion of
General Candy, made just before he left your
residence on the night of the l7th inst, is that
ne said IN substance As follows: sr a,
II will consult some of the friends of Mr..
Chahooa and get them TO advise him to with
draw his men from the sta,ion-house, you to
discharge all your special police and take pos
session Of The station. / think l can induce
them TO get him to agree 10 this - s
This Immediately accepted, and made an
appointment to meet him at | As same night to
learn the result of the legsfarion, I waited
at his headquarters until 8 80 A. NJ. and the
friends of MIR. Chahoon not returning. left.
The other Suggestions made by General Can
by did not meet my approval 81
Respectfully, your nbedient servant,
sqsvsa a ii. K. ELLYsoN Mayor.
The following reply from General Canby was
received by Governor Walker:
HEADo Rs. DEPARTMENT OF Va,
RICHMOND, March 2Osh, 1870.
10 His Ercelleacy Gilbert c. Walker,
Governor Of Viugiaia:
Sir-l have the honor to acknowledge the
receipt, this morning, of your communication
Of yesterday.
L concur fully lD your statement of the con-
stltutlonal and statute laws in relation to the
employment OF the military arm of Govern
ment against invasion and domestic violence
The rules IN that respect and In relation to the
aid that may be given to the civil authorities in
the service OF the process, or In the enforce
ment OF the decree of the civil court, ere clear
~ laid down; but the instructions of the Pres
ldent and OF the Secretary Of War, referred to
ln my communication of yesterday, relate more
particularly to different and exceptional cases.
where one or the other Of the parties to a con-
test disregard the usual legal remedies and seek
to establish or to maintain their rights by other
means. Cases of this kind have not been in
frequent In the States that were engaged In the
rebellion, and your own observation has no
doubt shown you that they have occurred in
other States, although the instructions referred
to relate specially to the former
The duty imposed upon military commanders
IN cases of this kind is to iuake timely dispo-
sltion OF troops when there is reason to appre-
hend a necessity for their use, and by their pas
slve lnterpo,illon between hostile parties avert
the dangers Of collision. Department COM
manders, and in cases of necessity their sub
ordinates, are expected In this regard to exer-
N'HN
cretion, to the end that in any event the peace
may be preserved leaving all legal questions
lnvolved IN the controversy to be settled by the
appropriate civil tribunals
| am unable TO see the distinction which your
Excellency makes. The copdi ion Of the CITY
was the subject of two conferences on the
evening and night of the l7th-and at the sec
ond OF these conferences you referred the con-
sideration of the sutj-ct to Mr. Elyson and
myself, and, by reason of this reference, sever
al references were had with Mr. Eyson and
one With MIR. Chahoon, in the endeavor to cf
feet an arrangement by which the questions al
issue should he submitted to the courts, aud all
occasion for collisions should be avoided while
that question was pending. Failing to effect
an agreement as to the mode iu which the
question should be subnite to the courts and
as to the Jilnt occupancy of the Market Hail.
the responsibility rested on me of taking ''all
legitimate steps necessary and proper to pre-
vent breaches of the peace or hostile collisions
bet ween ci'lzenS. =
[ recognize fully the delicacy of the question
and the responsibility that [ have assumed
but L should have incurred far greater re-
sponsbility if mad failed to interoose, and
thus prevent a collision which, with the facts
before me, was inevitable, unless that action
had been taken at the time it was; and as the
action of the military In this and In similar
cases is for the purpose only of preventing hos
tile collisions, | am utterly unable to see how
it can be attended with any other result than
the preservation OF peace and order.
A copy of this correspondence will be SUBJ
mitted for the information OF the Secretary OF
War and the President.
Very respectfully, your obpdient servant,
Sigued h. r. S. CANBY,
3 Breyet Maj Gen Commanding.
GOVERNOR WALKERS sURREJoINDER
COMMONWEALTH OF VIRGINIA.
EXECUTIVE DEPARTMENT.
RICHMOND, March q, 1870
Breret Mayor General Canby, nr.
Commanding Department of Va:
Sri have the honor to acknowledge the
receipt of your favor OF the 20rh instant, and
while do not desire to proiong this cores
pondence, there are few observations which
think it proper for me to make IN concluding
the same. If understand you correctly you
fully agree to my statement OF the law, by vlr-
tue of which alone the military forces of the
United States can be lawfully interposed in the
administration Of the affairs of State in the
Union.
You thus rightly and couscientiously concede
that there Is no warrant or authority to be
found In the Constitution and laws of the Uni
ted States for your action on Friday last, to
which litook exception In my note of that date.
But you shield yourself behind ''Or}ers and
instructions froui the President and Secretary
of War, and some precedents In some OF the
Southern States. have already said 10 sub
stance that such orders and instructions should
be construed in the light Of the laws, funda-
mental and statutory, which it is TO be pre-
sumed authorize their issuance, and that by the
application of this test you would find that
even these did not justify your action. And
you will permit me to say that no number OF
precedents can justify a wrong.
If your construction OF your orders and In
st,uctions be correct they ought, All once, to be
modified and placed in harmony with the Con
stItution and laws OF our country. The posi-
tion which you seem. ihferentially, to assume,
that The peculiar character of the controversy
between Mayor Eilyson and Mr. Chahoon at
lords some Justification for your lnterposlrlOn,
is entirely uneuabe. do not fud any author
iiy for it in the Constitution and laws. as to the
proper construction OF which, it appears, we
are both agreed. 1t can only be found, il
found at all, III the latItudlnOus construction O1
your orders and Instructions" which, you
maintain, aud which. if pursued to lis logica
sequence, will reduce the United States army
TO mere police force eventually supersedin,
the State and municipal conseryators of tht
peace shronghout the country. AS matter O
TACT | also utterly disagree with you that ther,
was any occasion or necessity whatever for an.
lnterierence BY any e.ctOneOHs authority in th'
municipal affairs OF this Gil, but on The cou
traiy, 1t |, NY confident belief, as heretofore
expressed TO you, har but Ter the hoped-io
inierftrcnce o! the Federal military the dls
graceful rebellion against the lawfully constl
tued authorities of his city on the part OF al
ex Mayor aud a few ignorant and deiuded fol
lowers would not have lasted one hour. +, =,