The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-06-21
4sjthmOal Iispatth
TRIDAY...,.......,...",.JuNE 81, 1861
REGISTEATI0N.

Mark DOwOCN N"" ilp'haS. ID. w ute were
L-ourh, before Mr.. George Chahoon, Com
missioner for the United States District
Cont OF Virginia, upon charge Of PERU
~ Tor. before registering, taking the oat II
rrcScrihed in the Reconstruction Law of
Congress e., for swearing that they had
-a; been diSfrdRcliSed for participating in
tie rebellion for giving voluntary aid and
support TO it.
Nr. Downey's case was taken mp first.
Ncssrs. Johnston s Williams, and Gene.
raj Bailey Johas N appeared as counsel
for Mr. Downey, and the District Attorney,
NJ, Chandler, was present TO aid the pro-
secuiiou. The following Is the affidavit
upon which MT. Downey was required TO
appear:
Personally appeared this 10Th day of June,
1,.-. John A. Hicks, before me, George Cha.
,n0u, n commissioner Of the United States
circuit Court for the District Of Virginia, who
being duly sworn, doth dcpose ard say that
MARK Downoy did, since the lst day OF Janu.
arv, lNai, voluntarily give aid and assistance
.a those III rebellion against the Government
g. The United States for the purpose OF pro.
noting the same, and did commit perjury on
or bout the 18th day Of June, 1867, by taking
10" oath required of persons regist : ing TO
vote under the act Of Congress known as an
s.I supplementary 10 90 an act TO provide for
,G' more eihCienl government of the rebel
safes. passed March >. l>67, and TO facili.
,a." restoration, passed March -, 1867.
JoES a. HICKS.
sworn 10 before me this 10th day of June,
r.. GEORGE CHAUOOS,
United States Commissioner.
The affidavit being read, General John
son raised a question as TO the wording Of
Ills paper, claiming that it should assert
list the accused had "kuowingly aud
w.lfuMy" committed perjury. The Dis
TIT Attorney considered ii immaterial.
Tie question Of wilfulnesS was for Jury
{. decide: but the law presumed no man
ignorant OF the law, and the simple charge
ianljrd an allegation of knowledge. Gene
-. +. ContcDdcd that it was but fair that
g., paper should make these assertions
Notwithstanding that they may be implied.
7, wa, due 10 the defence that the oppor-
,ua.ty should he afforded TO traverse them.
1 bsicf discussion of this point cnsued,
+. 81" course of which it was asserted by
G,atra,J Johnson that the movement against
NJ. DOwney was in pursuance of delibe-
.a.c scheme to break down the registra-
TIN of the great body of the people of
Virginia 10y intimidation. The allegation
r0lutcd TO the Alcxandria Constitution
which, said Mr.. Chandlcr,is the ConStitu-
ton Of Virginia, or probably you would
Dos, lie here now."-EXactly, said the &C.
a.g4l, but We style it the Alexandria
Constitution " by way Of distinction-hon-
,al" distinction-lrOm other constitu-
(. Us Uudcr that constitution, before its
.-,udation in 1866, ninety-nine men out
%. a hundred Of the white population of
VIRGINIA were diSiranchiSed, and the
..'rmc now developed was deliberately
r4rurl to deprive these ninety-nine now
r the hight to vote. Ii was sprung upon
r. community in the midst of register
;r,-all the evil it was to do, as was no
dub: calnulat d, would be consummated
lcarctac question itself could be settled
,..... would be deferred from registering
is ills charge Of "pcriury" until the re-
g.,,rv was closed and it was too late to do
..ti.c. The General acquitted the attOr-
my and the commissioner Of such a de-
syn. uGt that such was the scheme was
,r.paN.t upon the face Of this prosecution
item up 1T this particular time.
V~. Chandler thought there was time
F.t Tor the settlement Of the question be-
ire NJ. close q registration, as there was
20 interval q. three days in tie business in
Monroe Ward. when il would he continued
t.,yr other DAYS. lie believed q similar
-.'r w.uI he preserved throughout the
State. lie contcndcd that the question
q, 81. right 10 register as affected by the
Alexandria Constitution was at leasts 4
l...t,.l one, and ought TO he settled.
The Attorney General had promised an
...ria1 on this question, but as yet had
given none. Tuc opinion OF the Attorney
General would be entitled to weight as
,.l..r from a distinguished lawyer, but
5. would not Ue authority with the courts
a TIE United States. As subaltern
". er. however, he, as prosecutor, would
..| bound 10 dismiss complaint If re-
.e>.rd 10 do so by the Attorney General.
THESE views were elected in rather
Conversational debate between the coun-
sd. conducted in very courteous manner.
General Johnson waived his desire for the
Insertion Of the words knowingly and
y.mIy."
Tire Commissioner called John A. Hicks,
w0., being sworD, stated that he was pre-
,.al al the place 0! registration in Monroe
Ward on Tuesday when Mr.. Downey came
mrcei>tcr; that Mr.. Downcy was not chal-
legged, hut voluntarily stated that he was
I'D Inspector Of Fish before the war, and
va, an cniccr Of the home guard during
o.. way. lie then took the oath, and was
registered. The witness further depoSed
Tat he did not know what were the duties
% ,aa home guard. He believed they
guarded the dcpots when the trains were
arriving and departing. They bore arms.
Tie did not believe they went into the en-
ueu.hmguis. Mr.. Downcy was In Rich
IL I'd during the war.
In answer to questions by General John
SON, witness said he heard no statement
Hom the accused about taking the oath to
support the Constitution when he went to
register. Did not know whether he served
III tie home guard under compulsion or
hot. Witness had himself never performed
any military duty, except once when the
citizens were assembled on Capitol Square
10 form military companies. He believed
i was about the time Of the "Pawnee
war;"
The hour Of II o'clock being near, and
lawyers having to attend elsewhere, the
commissioner adjourned the case OF Mr..
Dowucy until tomorrow friday at ~
o'clock.
Tie case Of Mr.. White was postponed
wu. Monday. His case may differ from
Nr. Downey'S. Mr.. White was route agent
Of the United States, and it may be as
'mmcd that hc was an "otiicer" OF the
United States Government. However, II
This does not hold good, he may be arra'gned
upon the same ground on which Mr.
Doancy is indicted. Mr.White is now one
"i the Richmond city police.
A T.nn.,,;c,,, ,,ap;uc hoe manufactured