Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1865-10-07

herefor, shall be deemed deser,er, and
shall be arrested by th e Provost Marshal
and sent to the nearest post FOR TRIAL
8Y COURT MARTIAL, unless, upon proper T.
showing that lie is not liable to DO mill.
tary duty, the board Of enrolment shall !
relieve him from the draft" Ana by
section Z, of same act, it is provided,
'that it shall be the duty Of the Provost
Marshal to arrest all deseriers, whether
regulars, volunteer militiamen, or per-
sons called into the service under this or
any Other ac, OF Congress, wherever they
may be found, and TO send them so the
nearest military comm apder or military
post, &c. BY other sections Of the ,
same act, iurther provision is made for .
a complete system of military arrest and /
trial, including the procuring of evidence,
the continuance of trial when necessary,
&c.--lhus securing, in a regular manner,
the examination of facts, a formal find
ing, aud pronounced sentence in con
formity with law A tribunal is desig.
mated, JUL .dction conferred upon it aud
its proceedings sahjected to regulation.
And then, the record Of the trial and
finding may be reviewed by superior au.
thori'y, aud the President may, in q
proper case, interpose his pardoniug
power to remit the punishment Of the
person convicted.
The twenly-fifst section Of he supple
manIary aei of 81 Match, 1865, provides al.
ddioadt penalties for the crime oil desonion,
tu! tho trGi of !he oiiense Itself remains as
fXel by the act OF 1868, TO wit BY court
martial Upon tfial gtd coas iclion by such
| military court, tho de'erst becomes suh-
ject 10 the penalties affixed TO hia offense,
whether under The iotmer or latter etstnIe
but such rial and conviction by court mar
,ial is indispensable 10 their inflietlon. Thus
stands the question under the consctiption
laws OF the Uniied States; exclusive jufiS-
, dicton 10 military courts over cases ol de-
seriion, both 10 try the ofisnse ard pro-
nounce the punishment.
8. But The Stats election laws still more
clearly exclude the Unauthorized action Of
election buatds. The inspectors are sworn
ihat!hey will no, 'rerditousiy deiuy or re-
refuse 10 recejUe dng p0te from dny person pa)
they skaR beiiers 10 be in'iiIsd 10 poIe AccoRp-
iSG TO rBr PtovisioSs OF THE CONSTITUTION
: AND LAWS uF rBis COMMONWEALTH" And
the general eieclion law further enacts that
"sre,y person. qnalifed to vote according 10
its provisions sitR be 0dn,ined TO vote' in his
prope' district There are also penalties
provided Tor such officers a. may violate
these plain and imperative Requirements o!
the law
For high evidences Of the law npon lhs
ptesen! subject OF inquiry, | trief 10 tho
proceedings ~ the Honss Of RspresArta
lives of this Sate al he last session, upon u
B. k.,T 4
bill to withdraw privileges Of citizen ship
0nd NE hight 10 voie from desetef. and
drafted men in drtetl, But the bill was
successfully opposed upon The ground before
tDated 10 Ills ar2umeu,, that the qraIlhca.
tons OF sIhra4e are fxet in tlie Cou.l,ln-
ton OF he Sae and uuaIlerabe except hy
an amrndmeut OF that instrument By lha
people The sound aud iudicnus remarks
oi Mr.. Brown ,ot Warren, sGd Col Mcclure,
OF FfankilC, (eading me,nbers OF The ma :
j'rly in the House } were decisive Of tho
tate OF The bi'!, It was dropped AMI It's
consideration never resumed
1t then plainly appears .bs, election Off.
Gers cannot reec, he vote of any person
who ia duly qualified 10 vote under The
Constitution aud lava OF this State, nor can
lhey enter upon aoy inquiry regarding hil
PERFORMANCES ~ luty 10 thH United ) ate,
Ondtr lh3 rOfScri ptIOn laws, lhBY can
only perform he dd'ies charged upon me IN
ny oar eSec.lon Iaws, and tn the periormaGc q
OF which 'hry are bound by oath,
IA 20 proceeding. against dsseners and
non-repof,iRc men hereat'er Sy .he con d.
scrptiol LAYS they may be ,riel before
courts marital and If conyIc ed punished OF
pardonsd according 10 The merits and cir
cumslances Of each case. Il is question ot
policy with the government whether pro
ceedln9s snail be lnstitD,sd OF not, ia aUy
particular case, or generally throughout
; lhs country The ohiec, Of lhe conscfp' ION
acts, including their severe penal secIIonJ
was 10 fiji our armies. That object 10
longer exists. Men are not wante'. Instead
o being now enlisted or drafted, they are
discharged from service in great numbers
Relief 10 tho treasury is thus secdred; and
additional relief is SECURED by dispensing
with provost marshals, boards Of eproi M sui
and courts martial; ia short, with all the
machinery OF lhe couscriptinn laws, ihcIu-
ding The nOmeroUs officials required ioi
conducting general system Of military
trials UAdeT ,b5m
But. whatever may be he policy or action
OF ,hs Federal Government on his sub Joe,
it IS Ger air that Stale e|ecrinn boards can
not ;ake up naried draft cases and pa.s
upon Them az Iegases Of United States mill
tafy power or IN auv other capacity
whatever. & r. BCCgALew
Sepl 80, 1868