The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-29
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Decision Of the United States Commissioner
In tho Case Of Downey, Charged with vio-
lating the Repatriation Law-nfass Meeting
Of Colored and White Citizens.
RICHMOND, Va, June %, 1851,
10 O'Clock p N. !
Tho following decision In the case Of Mr. Mark Dow
ney accused OF committing perjury BY registering in
violation Of the DISTINGUISHING clause OF the Alexandra
constitution, delivered to-day by Mr. George. Cha
hoon, United States Commissioners
The Alexandria constitution provides that no person
shall be allowed to without Arst taking oath that
he has not given aid and comfort to the rebellion since
January ], 1854, and prescrbes means BY which this
for to decide whether this Acknowledgement has
been legally removed not. have only TO determine
whether II ever Legally existed Upon THIS think
at Alexand the recoenzed constitution OF vr-
gina and the persons DISTINGUISHED by that constitution
IN fac prohibited from voting until the Legislature
called, and the disfranchisement removed The
Reconstruction law Of Congress provides that no one
shall be registered as voter without previously taking
oath, part Of which is In the following language,
TO Witt have not been DISTINGUISHED for participa-
ton in the rebellion &c. The evidence this
hon after January, 1864, and that on the 18th
day Of june 1857 he took the oath under the act OF
Consress referred 70 above s argued By the counsel
entirely different meaning from what would be
pressed by the words shave never been," and that
shave not been refers to the present. and not to the
past and, consequently In considering the clause In
the Alexandria constitution should not determine
whether Mr.. Downey had beep dsfranchised at some
past time, but coEhne ourselves solely to the
question whether he is now dsfranchised under
that constitution. On this point of the opinion
the Reconstruction refers time past It 10 further
argued that Mr. Downey charged with knowingly and
wuy taking false oath, and that It Is not even pre-
tended that he committed wlful wrong II 10 clear
that when swearing to fact Ia necessary 10 const
tute perjury that the person swearing should know that
what swears s iase at the time he swears 1t
least that he has not good ground believing the
time what he swears to- But there 10 distraction
between ordinary facts and legal facts In thls that
every one is presumed 10 know the law and cannot
plead ignorance The rule that ignorance
Of the law is operates harshy In many cases.
The Law may be OF difficult Interpretation; jurists
differ to is meaning II is certainly very hard in
such presume that plain citizen should know
the Law when in point Of fact the wisest and most
learned In the profession do not know But am not
aware that even in cases Of this kind the rule has
been relaxed whether II should be relaxed In the
present is, as it seems to me, not within my pro-
vince 70 determine. Acting . commissioner am
only 70 inquire whether there 70 probable cause 70
believe that the accused is guilty q the offence hs 10
believe that he is technically guilty Of the offence. Il
does not rest with mo to say thai he 10 morally guess
the rule sSs. snosncs Of The lac doss not
excuse the accused has that 10 be true which the
law says not true, ana that hs ought 70 BE- hsid for
The Commissioner accepted Mr. Downey's personal
recognizance his appearance al the November
Of the United States Circuit Court
The mass meeting Of white and colorsd citizens Gas
addressed this evening in the Capitol square, BY Colonel
Moss, Of Missouri He passed . long and eIo-
quent suiogy upon Virginia and hor great states
men, claimed Jefferson radical, and said
he did more to bring about the present state Of affairs
than any other in America Wade Hampton.
Longstreet and JEFF Thompson were pronounced by the
speaker the only leading IN the South who took
wise and sensible OF situation regardless pre-
JUDGE above partisan folly and full Of sincere desire TO
renew their loyalty TO The Union. He thought Il
absurd for the Southern people 70 inveigh against
the so-cailed nterlopers from the North who
como among them. Il was just such men the South
wanted this crisis TO build up its waste places and
diuse energy and intelligence among It's people In
conclusion, he wished the people Of Virginia
destiny than that OF reaching as high pinnacle OF
prosperity the population OF any State in the Union
The Coonei's remarks were well received and ire.
quept!y applauded. The campaign on which he has
embarked promises 70 be successful in its results in this
State.