, 1870-03-23

Mayor Ellyson, tho City Council, aud the off,
GERS In control Of the city, by virtue OF tlso
authority Of the Law Of the Genorsl Assembly.
Mr. Underwood replied - folowa:
- In Ge Circuit Court Of he United SHtcS f3-
ns @ Fourth cirerts and District Of Viryi'io-
:" George Chahoon, complainant, Is. Henrik
Ellstop, john Pos, j., James H. Tyler, Eru-
ben 7. Heal, George FoWlkes, James flsasant4,
John T. Cantor, John Disney, +. J. Euktr,
William Jenkins, II. Il. Scott, Albert Osdway.
ner, william Davis, William English, william,
l. Strauss. Frank Glasgow, Ja1lcs 4. Scutt.
PeSton n, WMe. W. G. Durham, Henry ISo,ls-
ke1, Thomas Faherty, J. J. English, John ".
Higgins, Christian thinner, John H. Greanor.
and John E. Mnlford.
''To each Of the aboye-namod defendants,
t1!at, on resding md fling the bill OF enal-
plaint in the above entitled cause, the follow
Ing order waa made thereon:
~ On reading and hling the within bill o.
cahplaint. it is ordered ta,at the motion for in
junction therein prayed be sat for hearing on
O'Clock !. m, in the city Of Richmond, and that
four days notice of said motion bs served upon
each or such OF said defendants as ca1i be
found s'shin tho city Of MchHend.
!Sign.dl 10 ,e-, '1ous e. Es'xnwoon,
March u, lS10 District JudSc.'
motion for Injunction will b. bsought oa for
hearing At tbs United States t:ourt-,,s.m II, the
city Of Nchn1cnd OH Wednesday, March q,
1870, at 10 ocenck r. NJ. or u soul. thereafter
LIZ the counsel ran be hesni.
''GE,RaE CusuooS, EomrIaf,ant.
III. H. Wells, Hensy A. Wise, solicitors and
suuusclfuss fur complainant
The engine 1t t'hahoons citadel IVES .trnoy-
e<s to the IMrd street epsslte house, III Sntur-
day night, aud fuEre Of sixty negroes, a,1no1
vita muskets, was placed IN the house. CON-
munication WAS catatlshet1 between thci en-
Gine-houee aud poli..% st7tinn
fhs wallis Of the celia in tho third rtory wtre.
pierced for muskets.
His supply Of ammuAftIon consisted Of hyes
bsEs Of shot and two kegs Of powder liz
foree.
An ai1- Of General Canhv'e znda up on Sat
urday afternoon and ten1esui tia, compliments
Of General Cauby and staff to Mayor"
Ch2l4oon..
We Ieazua company Of nes1oea, sixty iii Num-
bcr, Eas organized and held in waiting il the
neighbnhooA-
Mr. Chahoan informed citizssa in the neigh
boshoof that they allowed their houses to bs
t1sesi to shelter All attacking pAty. he would
fire into them.
And tins the matter stood Saturday night.
All Was quiet. Aaal there was no disposition on
the part OF. the legally constituted authorities
tn provoke q encourage collision. but. on
the other hassi the must ardent wiah ~ pre-
ne1ye the Eea'e ol thu city.
oFF1l1A. conKEsrpSDEScR.-
Dn Sat01ts1. <nil'g Governor WalkE al-
dressed tie fvllaVang letter to ticncr~l tAn1'y
H4lN&hSwKAt1H or sIRH1S1A,f
''ExEcCT!yR nzrAgTNEST. !
A RtcRAuNp, VA, MaFrh 10, losA
Mtnr t;tnoal t>s~hs, communicating, de-:
''SIn: From thu. morning press a1,a from
othe1 sources l. lAazu that miitaFs fnrce
nuaer your command has been futesI'c4eti to
ali
h.L, and acting unt1.1r tue laws Of the state.
frasu the proper .tiscllArge of LIS duties. ant
with the recming intention Of ena!'hnt.
hnathcE person, = niere prcsendtt l..
that Office, to discharge the current bnti-
neAs' Of the ofti4e A. tAero has bcct no
request by the Legislature or any Of the civil
nu1Apritics of the State for military aid, caE-
hot understand how or why the military fors+~s
Of. the United State% should b, employed in
sn.,h care, or why tho military Officer u ttse
recognized civil officer in favor Of one mt rf+.
rryuixel all officer by tho Laws or the corsti-
ttatsa authorities Of the State.
"as Governor of tins Commonwealth, ask
hc what Law or authority you have taken such Il
ar.iaus
Wary respectfully, your ol.siient servant.
'''ti. e. WALKER,
"Governor Of the state Of vuBinia,''
0ESERAL cASHr + REPLY.
I" HEADQUARTERS DEPARTAEhsr or v1R4'1slA,!
J
:" tn His Etes!h7'ty d.e Gorsz1lor II Tiryini.:
"StR: Lave the honor tn acknowledge t!le
receipt, tLis morning. at. lG:.sj O'clock. Of
your communication Of ti,is date, stating
that from the morning press and other
sourc-s, . military force nnle1 your ln,v)
comm.nd has been inteH,oseal to rreveu.
tho Mayor Of this city. duly elected,
qualified sud acting Under the laws OF tho
State, from the proper discharge nj his duties.
md with tho seeming intention OF enabling
%1.u-& A1.xA
10 discharge hccu1rent business oI that oilicc.'
and to state that tho Interpretation Of the 1,ili
ta5y for"a referred to in yonr commune atiun
was taken unaer the circumstances and f.'E rho
purpose indicated in the letter to Mr- Elly-on
Of yesterday, \ copy OF wluch l. rs1,le.ntnsA
WAS at th+ time communicated Ia ,ytau Excel
lcncy with this protest. hsve not disc1imi~
mated in favor or aGaiisat either Of thu contest
ants in this case. The legal questions involv-
cd in this controversy are proper subjects for
tuHicaal discrimination ty the civil courts. And
the action taken by NE haa no other object
tltxn to adm tic rre1eryztinn Of .the I,oaee Of
the city until that determination can be tpache4l
or The proper civil courta can taxa jurisdiction
OF the matters III Question.
1.-The w~1zant for that action il tho usAt1uc-
tons Of ti1a lrezis!s.1t of tho United States and
the Secretary OF War to district and depart
ment commanders, and the prcretIentA estab-
Gshed herctofoTe, taken under fhe Authority OF
such instructsnns i'll precisely hir;h1 caaes,
H2AlC VI HAlC0 l 1iAFe 1HeaUf EA1 ti1 HONOR 10
cite to yoHr Exccllencv. 1hcss iustr,t.tiona
are substantially that. until the legal questions
involved in any kind Of controversy of this
kind are sofed. shr1r can 10 no a.1ian by tho
military e1cspt by such interpretation. t,etw-e,,
the content:nH passits AZ may be 1s.ssa:ssary to
prevent bres4:ht.a uf the peace and hostile ,pl-
ltsious letw cisz.il., and to the sud. that III
any event the teare may lie preserved
The co1Ba have taken IL, l,.:Icve pra-
cise1y that xilich 1t the end OF our conference
on the ni6ht:nf the 18th instant It wa. r4,s,-
clndcd thai i would be proper to t.ka, except
that WAS Obliged tn tl, msrelf what / hur..i
would have been done by the mutaal agree
Of the PARTIES to this content, and in nv julg-
Inent it Vas. as.aheolute!y necessasv tkat it ainull
have been AIKEN 1t the time it 1a4, in or,1e. II,
prevent royp serious disorders tt.an had Al
zeadv occurred.
" tllnk it proper tn add to this. .t1lat from
several chtaerepc.A with ssA1r. Ellison aud ono
With 3tr. Chahoon, had reason to 5nfer that
I his 1ction would ho coucu17ed III by both, and
that 10th would abstain from sctiun OF fore
that would t.e likely to produce houtile cot
isio,l. until the coustn could settle t1le q1,r~-
utnr involved in ,ht cont1uversy. Your nlesI-
CIT stry lnt> t. X. S EASNY.
''Btsvct Aaior General Cor.nanaing-'-
TENNESSEE.