Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1865-10-04
WHO ARE DIsFRANCHIsED 2"

| this fact, has an article under the ABOVE cap
ton, in which it takes the ground that de-
serters and skedadlers have right to vote,
in the face of the Act of Congress, and
! threatens all officers of election who shall
refuse their ballots. Let us look. at the
| question for a moment
| By reason of the Act of Congress of March
| 1868 taking from deserters the right of Cit
izenship, it is believed that new questions
may be presented to the several election
| boards.
On the subject of elections. our State
| Constitution provides:
In elections, by the citizens, every uhtte free
man. of the age of twenty one years, having re-
| sided in this State year, and in the election
district where he offers to vote ten days immedl-
| ately preceding such election, and within two
years paid State or county tax which shall have
been assessed at least ten days efore the election
shall enjoy the rights of elector; bit citizen
of the United States who had previously been
! qualified voter of this State, and removed there
| from, and returned, and who shall have resided
in the election district and paid taxes as afore-
said shall be entitled TO after residing in the
| State six IN onths Provided That white freemen.
of tte UaiItcd States between the ages of
twenty -one and twenty two years, and having re-
sided in the State one year, and in the election
district ten days as aforesaid shall be entitled TO
vote, although they shall not have paid taxes.
1t is important here observe that it is
not all ,0hite men that are entitled to vote,
but aohite treen,en. Throughout the entire
section the words ''citizens of the United
States" are used in the same connection, and
it is apparent that the word 'freemen' used
in this section is equivalent to the word cit
! liens.
In the case of the State of Tennessee u.s.
Ambrose, ] Meigs' r, 33l, the Supreme
Court of the United States held that the
word ''freemen" used in the Constitution
was equivalent to the word citizen. This is,
of course, conclusive on this point.
| During the progress ofthe war for the SUP
preston of the rebellion, various laws were
passed to raise ali army sufficient for the pur-
pose. 1t was found that some persons re-
sorted to different disreputable ways to avoid
the draft, and others deserted the service.
To prevent repetition Of the former, and to
punish the latter offence, Congress enacted
! law partly as follows viz:
| That in addition to the other lawful penalties
of the crime of desertion from the military or
naval service, all persons acto hare dessJted the
military or naval service of the United States who
shall not return to said service, or report them
selves to a Provost Marshal within sixty days af-
ter the proclamation hereinafter mentioned. shall
| be deemed and taken to have voluntarily reiin-
pushed and forfeited then rights of citizsUskip
and their rights TO become citizens and such de-
serters shall be forever incapable of holding any
office of trust or profit under the United States,
3T of ersrcsstHo 1ny rights of citizens thereof;
and all persons who shall hereafter desert the mil
itary naval service, and all persons who. being
duly enrolled shall depart the jurisdiction of the
district in which he is enrolled or go beyond the
limits of tire United States, with intent to avoid
any draft into the military naval service. duly
| ordered. shall be liable the penalties of this
| section. And the President is hereby authorized
| and required forthwith, on the passage of this
| act, to issue his proclamation setting forth the
provisions of this section. in which proclamation
the President Is requested to notify all Deserters
returning within sixty days aforesaid, that they
| shall be pardoned on condition of returning TO
| their regiments and companies, to such other
| organizations as they may be assigned to, until
they shall have served for period of time equal
| to their original term of enlistment.
Under this Act of Congress persons gull
ty of the offences described in the Act have
forfeited their rights of citizenship, and can
| not vote.
Prior to the passage of the Act of 1860,
a convict who had served out his time in
prison, could not vote.
The first article, eighth section, of the
Constitution of the United States, among
other things declares
/. Congress shall have power 2, To lay and
collect taxes, duties imposts and exeises. to pay
| the debts, and prortde for Me common dctrnce and
general 1csifare of tie United States 5, To estab-
| iish q uniform rule of naturalization. l2, To de-
| clare war. l3, To raise and support armies Is.
o MAKE TnieS Tor iHe Of the ldld
naral forces l6, To provide for ling forth the
militia to execute the laws of the Union, suppress
tHSHrrectioHs and repel invasions. 10. To make
all laws which shall be aScsssary aRd proper for
carrying into erecution Ms foreooing pOIrerS, and
all other powers vested by this Constitution in the
Government or the United States, in any de-
partment or Office thereof
Prior to the passage of the Act of 1868,
which imposes the penalty of loss of citi-
zenship upon Deserters, Congress had pass
ed several Acts for the'' raising of armies
and to suppress instructions, and had
also made s. certain rules for the regulation
of the land and naval forces Chief among
these was the Act of March 5, 1868, usually
known as the 8 Conscription Act" part
of the provisions Of which are hereinafter
inserted.
The constitutional power of Congress to
pass this Act, and their general power to
raise armies, are fully vindicated and sus-
tanied by the Supreme Court of Pennsylva-
MIA in the Philadelphia cases reported in 9th
Wright, 295 and following. In these opin-
ions the liability of drafted men co the rules
and regulations of war are clearly set forth.
!, The constitutionality Of the law cannot be
doubted. We are equally clear that it ap-
plies to citizens of Pennsylvania, and that
a person cannot lose his :. citizenship of the
United States" and retain his citizenship of
Pennsylvania.
The Supreme Court of the United States
have ruled as follows:
Since the adoption of the Constitution no State
can. by any subsequent law, make foreigner o,
any Other description Of persons, citizens of the u
nited States nor entitle them to the rights and
privileges secured to citizens by that instrument
10 How. 1893, also, q Law Rep. $50.
1t is we'll established fact and indeed a
constitutional command, that the system OF
naturalization shall be general, and no State