Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1865-09-27
Opinion by Attorney General Smith. eonstrue-
ing the Act Of Congress DISTINGUISHING De-
serters and those who fed from the Draft.
ATTORNEY GENERALS OFFICE.
ALLISON Sent 10 1865.

ouirino nv opinion as to the duties of in
snectors Of election in making the register
OF voters, and at the election, also enclos-
ing letter addressed to You upon the
subject of persons presumed to have lost
the right to vote by desertion, is received.
On the eleventh day of March, 1865,
the President of the United States issued
the following proc amation:
"WHEREAs, The twenty-irst section Ct
the act of Congress, approved on the third
instant entitled An act to amend the
several acts heretofore passed to provide
for the enrolling and calling out of the
national forces, and for other purposes,
requires that in addition to the other
| lawful penalties &c the crime of desertion
| from the military or naval service. all per
! sons who have deserted the military or
naval service of the United States who
! shall not return to said service, or report
! themselves to a provost marshal within
sixty days after the proclamation herein
after mentioned, shall be deemed and
taken to have voluntarily rellnqulshed
and forfeited their rights Of citizenship
and their rights to become citizens, and
such deserters shall be forever incapable
! of hollin. any Office of trust or profit
under the United States, or Of exercising
any rights of citizens thereof; and all per
sons who shall hereafter desert the mill
tarv or naval service, and all persons who
being duly enrolled, shall depart the iur-
isdiction of the district in which he Is en-
rolled or 90 beyond the limits of the
United States with intent to avoid any
draft into the military or naval service
duly ordered shall be liable to the PEN
alties of this section And the President
| is hercov authorized and required forth
| lUI Il nm bn fg
his proclamation setting forth the proyis-
| ions OF this section. in which proclama-
ton the President is requested to notify
all desertcrs returned within sixty DAYS
as aforesaid that thev shall be pardOned
| on condition of returning to their regi~
ments and companies or to such other
organization as they may be assigned to-
until they shall have served for Il period
of time equal to their original term of en-
| listment
,.No1c, therefore, BE it known that l.
| Abraham Lincoln, President of the
| United States, do issue this my proclama-
ton, as required by said act ordering and
requiring all desertcrs to return To their
proper posts; and do hereby notify them
! that all desertcrs who shall, within sixty
days from the date of this proclamation
! VIZ: on or before the tenth day Of May
| 1868, return to service or report themsel rs
| to Provost marshal, shall be pardon
ed, on condition that they return to their
| regiments and companies, or to such other
| organizations as they may be assigned TO-
and ser G the remainder of their original
| terms of enlistment, and, in addition there
! to, period equal to the time lost by de-
scrtion."
/ think there viii be no serious doubt
/ . J
! to enact the section recited in the proclaim
! alton. Talbot IS. Janson, 3 Dallas l33-
| 1t would seem to be an exercise Of the
AUTHORITY ito establish an uniform rule Of
! naturalization, and to be also warranted
as incidental to raising armies, and to
! providing for the common defence and
welfare Of the United States"
1t is therefore plain that amy person so
deserving before the passage Of the act,
and not returning to the service or re-
/ porting to a Provost Marshal on or before
the tenth day of May, 1863, also any per-
| son desertinc from such service after the
date Of the act (Narch Sd. 1869, and any
/ person who being duly enrolled did after
that day depart the jurisdiction of the dis
/ trict in which he was enrolled or 90 be-
yond the limits of the United States, with
intent to avoid any draft, forfeited there
J
/ become a citizen. 1t Will be noticed that
! 70 persons then deserters from the service,
! the act provided exemption from the rem
/ atty, on condition of return according to
the proclamation; but to those deserving
| subsequently and to those leaving their
| enrolment district or the United States,
with intent to avoid the draft, there. was
no exemption No disability affects per
sons leaving the district or the United
| States before the passage of the act UNI
less deserters from the service.
The loss of citizenship so incurred in
/ wolves n loss of the right to vote in this
/ Statcon the partof one previously citizen
/ Our Constitution and statute provides as
/ follows:
Every male person of the age Of
! twcnty-one years or upwards, belonging
/ II either OF the following classes, who
>ha have resided in the State for one
/ year next preceding any election. shall
! be deemed a qualified voter at such cleo
/ ton:
/ l. White citizens of the United States.
/ >. White persons Of foreign birth. who
/ shall have declared their intention to be.
! come citizens, conformablv to the laws of
/ the United States on the subject of natur-
/ alization.
3 Persons Of Indian blood who have
once been declared by law of Congress to
be citizens of the Uuited States, any sub
sequent law of Congress to the contrary
notwithstanding
Civilized persons Of Indian decent,
not members Of any tribe" Const. Art
/ III, Sec. l. r. :. chap :, Sec. /.
The "white citizens of the United
/ States deriving their right to vote from
/ the fact of citizenship, have not that right
after they cease 10 be citizens
There is more doubt in respect to the
effect Of the act Of Congress upon the per
sons in the second class. 1t cannot well
! he doubted that the forfeiture of the
rights to become CITIZENS denounced bv
the act annuis. the declaration of inten-
ton to become citizens of the United
States, when previous Y made by persons
violating this law, and DESTROYS all RIGHTS
OF such persons derived from the United
States. But it Is less clear that such q
person also osas the right to vote in this
state. That right he derives from the
constitution and statute of Wisconsin.
and these are not in this respect subject
to be altered by Congress- If the fact