Year: 1870

the country. Now, ask, when the General
came with his mighty commission, was not
every man in Office here State officer, re-
ceiving pay from the State? The act of
Congress imposing test-oath left few of
the old State officers in--a very few, but
some. Now, were there, then, two
classes of officers in the State--one mill
tary and one State? All our new ter
ritory goes through q similar process,
and when admitted to the Union as States
all Federal power in it ceases. And so it
was with Virginia. The act of Congress ex-
pressly declares that all military power in
the State should cease and be imperative
upon her admission. The State was admit
ted on the 26th of January, and we claim
that on that day all military power ceased.


The case of the priests in Louisiana,
which went up to the Supreme Court, was
examined. The ordinance for governing
Louisiana as Territory contained clause
guaranteeing religious liberty. When the
State came in it's Constitution had no clause
religious liberty. A Catholic
priest was arrested for violating some pro-
vision of IN ordinance in conducting
q funeral, and plead, through counsel,
that the provision was unconstitutional,
and that the United States territorial law
guaranteed him his right. The Supreme
Court decided that it had no jurisdiction in
case where the constitutionality of
State law was concerned, and that the
United States low was dead and imperative
after admission of the State. It is the same
with Virginia, whose Constitution was ap-
proved by Congress, and where all power Of
the reconstruction acts had ceased. Gene.
ral Candy himself revolved in his mind
this very matter of his appoimees. We say
that on the 9th of January he had no
power in Virginia, Congress having admit
ted her on the 10Th. General Candy might
have anticipated that Congress would have
continued his appointees. That question
was discussed in Richmond at the time.
Congress refused to do it, and General
Capby did not intend to do it himself by
his order. His order does not say that his
appointees shall continue in office until a
given date. He says "they will expire"
&C., and this was undoubtedly true, and
as they did "expire " before the time men
toned, General Candy was without power
to continue them.


Now, then, was Mr.. Chahoon continued in
Office by the Constitution His counsel seem
to claim that among other extraordinary
things. The new Constitution does not say one
word about continuing these officers in pow
er. Itake it for granted, if your Honor please,
that it was expected at that time by the Con-
yention that Congress would do something
before the State was finally admitted about
continuing these officers. Atany rate, they
did not put one word in the Constitution
about it; though the other Constitutions
heretofore adopted in Virginia did specially
arrange for this. And if they had done
it, as Mr.. Daniel well said, they would have
exercised dangerous power in continuing
officers put in by military appointment, o
large portion of them appointed by mill
tary commander, who at that time was no
a great favorite with the Convention. Now
what does the Legislature do? 1t as
sembles and passes IN act legalizina
the acts of these appointees-though ]
never thought that necessary. We al
recognized these appointees as incumbents
If client of mine was taken
before an appointed judge made no OBJ.
lection to his legality. But there were
doubts in the minds Of many. And per.
haps the fact that there were a great many
who wanted to get their places accelerated
action little in the passage ofthe act which
has been denounced here as q monstrous
usurpation.


At one time yesterday if q stranger had
entered this court he would have believed
that it was q High Court of Impeachment,
before which the Governor and Legis-
lature of the State were being tried
Mr.. Chandler told us that the great contest
was between the Republicans and True Re-
publicans.


1Mr. Chandler disclaimed having used
these words except in a iocose way, and
not at all in the sense quoted by MIR. Nee
sen.l


Mr.. NELSON said he merely quoted the
words not to answer them in argument, but
to show the spirit in which this prosecution
had been conducted. 1t had been pro-
claimed here that what had been done was
an atrocious crime, and that the people,
black and white, would unite to overthrow
it. Now, oil that sounded very much like
O speech in q high impeachment. These
things are unseemly and unreasonable, and
look like the qualification of a desire tc
launch philippe against the government
of Virginia, which this case does not war
rant. Such words are not arguments, but
appeals to the passions of the court and the
intiammable mass.


The COURT: The court will he as free
from political considerations in this matter
as the counsel.


Mr.. NEEsoN: never intended to init
mate that the court would be influenced by
politics. spoke only of the exhibition il
this court, and | trust your Honor's de-
cision of this case will be such as not to leave
the chance for any man to say anything o.
your politics. Your politics are we'll known
They are different, dare say, from those
of the present General Assembly.


Mr.. WELLS: If youare trying the COURT
politics object.


Mr.. NEEsON: On our theory we claim
that the Legislature found the Offices in thu
State vacant. There were many men il
this State who thoug ht it dangerous that the
holders of these offices should continue tt
hold. It is the duty of the General AS.
sembly to pass laws at this session to carry
out all the provisions of the Constitution.
But they cannot do it all on the first day OF
the session, and it must choose what part OF
it's duty it will do first. The provisions of this
Constitution referring to the Office OF
Mayor and others ore not operative until.put
in operation by the Legislature. Suppose
county court had six or seven Justices,
and suppose they had all died before the
Assembly met, or in day or two after
wards. How is that court to act? Who would
fill the vacancies? General Canby's power
is gone. The vacancy cannot be filled by
existing laws. Couldn't the Legislature
fill it by law? UnQuestionably it could.
might multiply cases to an indefinite ex-
tent to show that between the adoption of
the Constitution and the putting it into
complete operation there is an inte,Tegnuns
in which the inherent power lies in the Le-