Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-09-21

COMMUNICATED.

~ COMMUNICATED.
A BRIEF STATEMENT Of the facts in the case
- Of JOHN S. PENDLETON,in his demand TO he
registered as a voter.
John 8. Pendleton, esq, appeared on the
1lth day of August, 1867, before the Board of
Registration for Mtchel's Station, Cnlpeper
county. to which magisterial district he belongs,
and took the prescribed registration oath rs
herewith exhibited. marked A. He stated
that as Lawyer qualifying in various Conri?
OF the United States, and Of Virginia and
MARYLAND as member Of Congress, and OF the
Legislature of Virginia, On divers occasions,
and as Foreign Minister of the I niied States
at several Foreign Courts, he had repeatedly.
taken an oath to support The Constitution OF
the United States, but that he had never
thereafter, nor Heretofore, joined in any rebel
lion, instruction, armed, or unarmed ress-
lance against the authority OF the Government
Of the United States nor given voluntary as
sistance, aid or countenance to those SO engaged
in their inslrrectonary or their bellgerentand
combined eharacter-that he never held any
Office, appointment. or employment, either
civil or military, under the Confederate Gov
eminent (so-called That if he did not vote
as to which there was some doubt III hi:
| mem BORROWING to the destruction Of the couu
ty records--for the ratification OF the ordnance
! Of secession, he freely admits that he mteuded
to do So and believes his vote was actually so
recorded in submission to the decision Of the
Sovcregn Convention oiVirginia, in which STATE
he had lived for more than tIly years, aud
| which he did not mean to cavc-nor live IN
| by fraud upon its authority, whatever those
authorities might be. See note B.
He maintains, that his vote for the ratltica-
ton does not deprive hin-evcn under the re-
construction acts so-called-ot his right OF sui
irage, admitting them to be constitutional and
just-which he utterly denies and protests
against.
He chooses to place his right to be registered
upon the distinct and single ground that on the
| 7th day Of August, 1865, be was fully and
entirely pardoned, and restored to all the rights
and privileges he could possibly have forfeit
! ed, for at that time it perhaps had never been
imagined by a sane man, of any pretenslons to
common information or common sense that
Congress had any shadow of authority to disest
the President of the United States of the par
doning power conferred upon him by express
provision Of the Federal CONSTITUTIONAL re-
spect to the Interpretation of which, on such L
question, there is no power in The State supe-
rior to that OF the President himself unless it
may arise in the Supreme Court Of the United
States But if such had been al admitted and
unquestioned power OF Congress, yet it had
not been asserted belolc The 9Th day OF August,
| by any form OF exercise on any occasion what.
ever, and would. therefore, be ia this case an
obvious and lndlsplrabIc ujIae, Is being an
erpOst tuct0 M:0,-neccs4arly and always IN
constitutional. 1t was agreed that Mr.. Pendle-
tons case should be lrihoM delay reported
fully to the District Commander, Gen. Scho
! field Tor the decision Of Nlr. I. 5 individual
right, and as test case for decision Of other cases
depending on the same principle Mr.. Pen
dleton did not register, nor insist un register
ing, nor asked Of The Board 4 decision Of his
right, but retired protesting TO be perfectly
satisfied with the arrangement stated, viz to
await the decision ii Gen SchoteId, in respect
to whose oGicioi authority in the premises, he
made no question.
1t ia proper for IT. to it added that he has
understood that the reason Why special aLten-
lion was not called to the case as was distinctly
understood and agreed to, was that some new
decision ol the Congress- then III special scs
sion, had been Just pr0mu gated after the
aforesaid agreement, which was Intended IL
exclude larger cas$rs ul the old voters making
any further prosecution Of The .nalrr useless
All which be submits with The accomplishing
evidence to the consideration Of Zen. Sch0-
| UClu WIFI luE SluSlt lfuldi lItat liz uiillI!
stands that throughout the State, the act Of
voting for he ratification Oi the ord!n-uo;., was
not within the scope OF the instruction, from
| Headq quarters.
The above statement is iliteiidt,l il att forth
| with perlact tyuctncsS and verbal accuracy ~
far as possible. the substance OF the conver=a
ton had by Mr. p, before the Board ol Regis
traton, for the entire and absolute truth Of all
which he refers to Frederick Seacer register
at large acting on the occasion, and TO every
respectable or credible gentleman present,
several OF whom are readyto testify, if requr-
ed He very respectfully requests that Gen.
SchofeId will Investigate the subject so that
he may not be deprived Of his right Of sui
| frage, by the errors or injustice Of the public
| functi1naries. JOHN S. Prediction.
NOTE b.
What is meant by the uprOar and confusion
referred to- is thata very large number Of Con-
federate officers and soldiers. Tere allowed to
vote at Culpepcr 9. H. on The day referred to,
and that the crowd at the polls Was large ex.
cited and noisy during the whole day-and
moreover it may be added that large number
of those who did vote on that occasion, who had
sworn before the war, to support the Constltu-
ton, and then voted for the ratification Of the
ordinance, have registered in various parts of
Virginia, without question Or dispute, as they
were undoubtedly entitled to do, even without
pardons.