The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-06-27
LOCAL MATTERS.
THE ATTEMPT TO PREVENT RE.
GISTRATION.
CITIZENS CHARGED WITH PERJURY.
Mr.. Downey Before the United States
Commissioner


brought before George Chahoon, Esq,
Commissioner for the United States Cir
cult Court, to answer charge of perjury.
The charge was preferred by John A.
Hicks in an affidavit alleging that Mr..
Downey had voluntarily given aid in the
rebellion since the lst of January, 1864,
and notwithstanding this fact had sworn
in the oath prescribed by the act Of Con-
grcss passed March 2, 1867, that he had
not been disfranchiscd for rebellion. The
charge was made, doubtless, at the inSti-
CATION Of certain United States officials
on the ground that all persons who have
| aided in the war against the Government
since January 1864 have been disfran-
chsed by the Constitution adopted three
or four years ago by handful Of men as
sembled in Alexandria, generally known
as the Alexandria Constitution.
The affidavit was read, and the case
opened on the goth, but nothing material
was done on that occasion, the time being
occupied by the discussion Of counsel con-
corning preliminary matters. 1t was post
poncd from day to day until yesterday at
10 o'clock, when it was finally brought up
before the Commissioner.
Mr.. Downey promptly made his appear
ance, as on previous days, and was repre-
scntcd by General Bradley T. Johnson and
Mr.. Charles L. Williams. The Government
was represented by District Attorney l..
II. Chandler.
O1e witness, Mr.. Theodore Elmorc,
testified that Mr.. Downey had committed
acts of hostility against the Government of
the United States since January, 1864, in
his capacity as member Of the Home
| Guard.
Mr.. Chandler, in behalf of the prOsecu-
tion, then addressed the Commissioner in
support Of a motion 30 postpone the con-
>idcratiOn Of the case until the 2jth of
July. He cOntendcd that the matter
should not be lightly passed over. The
question was serious one, anu it ShOuld
bc decided whether the I'ght to register
was affected by the Alexandra ConStitu-
ton. That Constitution is tLc law Of the
State, and how can Mr.. Downcy or any
other man who has aided the rebellion
since January, 1864, claim that he has not
been dsfrauChised when that law cX-
| pres, ,lyTdcclarcs that such persons are
| diSiranchiscd 1t is unfair to say that
| this movement has been gotten up by a
ring of radical Republicans. The press
have unjUstly repeated this charge, and q
gr"at hue and cry has been raised to this
effect on all sides. not only Republicans,
but men or both sides Of the house, have
doubts about the lao of the case. Mr..
| SiaUOcry, who no one can say is animated
| bv partisan bias, in bis first opinion, says
no statute now in force in either Of
the ten southern States declares diSfran-
ChiSement as to right Of suffrage, ercept in
| ViVinid, and intmatcS doubt upon this
point by rescrving his opinion. There is
great doubt about the fact Of the right of
ninety per cent. of the citizens Of Nir-
ginia to vote. The law, | admit, is unjust {;
but we are not to consider its Justice. We
must only ask, Is it so? 1t is my duty
to prosecute for violations Of this law.
This is no outrage upon Mr.. DOwney.
lie has not been torn from his family and
imprisoned, nor subjected to much per-
| SOnal Inconvenience, but, on the contrary,
he has received every courtesy at our
| hands, and been admitted to bail on his
own recognizance.
Now, the course which propose is that
the further consideration Of this case be
postponed until the 25th Of July next.
Congress will probably meet early in July,
and have every reason to believe that
the great question TO be considered will
be, not the impeachment of the President,
but the opinion of the Attorney General
on the reconstruction acts. Something
may, by the time which | have indicated,
be developed in regard to the points in
question in this case, and therefore ask
that it be postponed.
Mr.. c. L. Williams spoke briefly in re-
ply to Mr.. Chandler, urging that his client
was entitled to speedy and impartial
trial, which could only result in his i'm
mediate discharge. No evidence what
ever has been elected to prove that per-
Jury has been Intentionally committed. A
criminal intention must necessarily be
proved, and the District Attorney admits
that there is no evidence to prove this
against Mr.. Downey. Perjury requires a
wilful false oath, and the law expressly
states that corrupt intention is necessary
to make the perjury complete.
The character Of Mr.. Downey, continued
Mr.. Williams, is too well known to require
a word. He is subjected to much incon-
venience by this prosecution, and as nc
evidence is produced, he should be at
once discharged.
General Bradley T. Johnson urged the
immediate release Of Mr.. Downey in some
very forcible remarks. He claimed this
on plain principles Of law which none could
deny. The Commissioner is certainly
bound to discharge a man in the absence
of evidence against him. Again, no man
should be held for trial under doubtful
law. The Attorney General, with many
other high authorities, were yet undecided
upon this point. The Alexandria Consti-
tuition either is or Is not in existence. 1t
either has or has not a binding force. II
it has an existence, is legal, and operative,
then the whole legislation of the recon
struction acts is null aud void. If these
acts have any vitality, it is on the theory
| that no legal government exist IN the
southern States, and Of course State con-
stjtutions are set aside. If the Alexandria
Constitution is in force, then the Sherman
bill has not a binding effect upon US, for
the whole of the reconstruction legislation
is predicated on the assumed fact that we
have no State government.
II the Alexandria Constitution is bind
lag, taen the negroes cf the State are mol
voters TO more than the great majority OF
white people who by it are distranchised
tor participation in the rebellion. II Mr.
Downey is sent on, then | shall expect the
District Attorney to prosecute some re-
spectacle colored citizen for insisting upon
his right to register and vote. Again, why
| shouii Mr.. Duwpey be singled out for this