The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1863-10-02
BEDFORD. Pa, FRIDAY MORNING, OCTOBER ., 1863.
complimentary remark in reference to the
parties to the foul conspiracy.

N'ioiaiiCiiioO tiiC ooiuiCA5 onAy lcuOuDiOu TIC
exertions of the Abolitionists. They imme-
diately filed petitions contesting the election
of the Democratic candidates, in which ev-
cry alleged omission of the most insignif-
cant details in conducting the elections in
the various camps was taken hold Of, and
every infamous charge which partisan NAL
ice could invent was made against the men
for whom they now pretend so much con-
cern and sympathy. But, above all, they
insisted that the statute comforting the cleo
tive franchise upon the soldier was in direct
violation of the Constitution of Penns'a.
| Whilst these petitions were pending, it
was ascertained that case would come be-
fore the Supreme Court, from Luzeme coun-
ty, which involved the decision of the con-
stitutional question raised, and all further
lpfeeeedings were suspended to await the
higher court. But it was afterwards disco
vered fiat the Luzerne case involved point
of jurisdiction aSa that, possibly, the Court
might not be compelled to consider the con-
stitutional question, This was new diff
Guilty which required prompt attention from
these Argus-eyed patriots. The plan hit
upon by them was certainly novel, if not
ingenious. 1t was alleged that soldier ma
med Knnzman, who had returned to the city
from the Army of the Potomac, had voted
at the election held by the Pennsylvania re-
giments, he being at the time an unnatural
lied foreigner. An Indictment was framed
againsthi in the Quarter Sessions, and he
was Immediately arraigned. Unlike defend
ants generally, who perversely insist upon
giving the Commonwealth the trouble of
proving the charge against them, and after
the facts in the case have been proved still
avail themselves of every imperfection Of
the law under which they are arraigned, the
accommodating Kunzman admitted the facts
alleged in the indictment, and by demur
| rer based his defence solely upon the uncon-
stitutionality of the law under which the
election was held. Here, then, was the OPP
I porfuhity Of ma'.ing the Supreme Court face
the music. The liberality of Kunzman had
relieved the District Attorney of the diff
cult task of proving that he was born in
| foreign country, had never been naturalized
in any of the States, and had voted at an
election held hundreds of miles away; and
the only question presented for argument
was the very one desired to be brought be-
fore the Supreme Court, shaped in such
way that it could not be evaded. Accord
ingly, on the same day on which Kunzman
was arraigned and demurred to the indict-
ment, the constitutonality of the law al-
thorizing the soldiers vote was argued be-
fore Judge Allison in the Quarter Sessions
by counsel, all of whom, including the Dis
trict Attorney and counsel for the parties,
who, in the election cases, were endeavoring
to have the election law pronounced uncon-
stitutional. The decision was summary
one. The learned Abolition Judge did not
invite the attention of his associates to
question of such grave import as that de-
claring void solemn act of the Legislature,
nor did he require time for deGberation, but,
when the argument was concluded, prompt
ly pronounced the law unconstitutional, and
gave judgment for the defendant. The Com
monwealth appealed to the Supreme Court. |
The record was hastily made up, and the
District Attorney, not waiting for the next
session for Philadelphia cases, submitted the
matter at once to the Court when engaged
in hearing country cases. As no oral argyll
ment was desired, the Court accedcd to his
request, and took the case into consideration. !
AT the ensuing term Judge Woodward de-
livered the opinion of the Court, holding
that one who was not citizen of Pennsyl-
vania could not he indicted for an offence
committed in the State of Virginia, and that
as the constitutionality of the law allowing
soldiers to vote was not necessarily involved
in the case, it was unnecessary to express
any opinion upon that point. The Luzerne
case had in the meantime been argued, and
as the constitutional question was fairly pre-
sented, it was squarely met and decided by !
the Court. The decision made was received
with intense delight by the Abolition party /
in this city, and the benefits resulting from
that decision, ousting as it did Democratic
Sheriff, are now enjoyed by the Aboitionists,
including McNIichael and Forney. Of the
Judge who heard the argument and took
part in the decision--Chef Justice Lowrie
being absent--none was. from the outset,
more emphatic in expressing his opinion a.
gainst the constitui ionality of the soldiers
vote than the Abolition member of the Court,
Mr.. Justice Reed. We have tllus endeav-
ored to present plain, unvarnished state
ment of the case, as we ask the honest judg-
ment of the men of all parties upon the
shallow and miserable hypocrisy Of the Ab-
olition leaders now claiming to be tho cXclu-
ivefriends of our gallant volumteers.-Agc.
egIt is not strange that the Republicans