North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1865-10-11

most expressly conf1ue the officers Of election
to the examination of ELECTORAL qualifications
of votes under "the Constltution and Ldws of
the State" as will be presently shown.
2. The act Of Congress does not attempt to
confer any power upon State officers to secure
its execution. But by the prior corscription
act Of I'd March, 1863, Congress does Confer
authority in cases of desertion upnn courts
martial to Try deserters and pronounce sen
tence upon them. This is the sole and ex9
elusive mode provided in the conscription
laws for the trial and convictioa Of the deser
ter and for adjudging to him the punishment
provided by law.
The 18Th section of the act Of Sd of March,
1868, reads in part, as follows:
Amy person failing to report af-
ter due service of notice, as herein prescribed
without furnishing q substitute or paying
the required sum therefore, shall be deemed
q deserter, and shall be arrested by the Pro-
vost Marshal and sent to the nealest post
For TRIAL BY COURT MARTIAL, unless, upon
proper showing that he is not li0ble to do
military duty, the board of enrolment shall
relieve him from the draft" And by section
7, of same aci, it ls provided, "tbat it shall be
the duty If the Provost Marshal to arrest all
deserters, ,whethe regulars, volunteer militia
men, OF persons called Into the service under
this or any other act of Congress, wherever
they may be found and to send them TO the
nearest military commander or military post,
&c." BY other sections of the same act, fur
ther provision is made for complete system
of military arrest and trial, including the pro
curing OF evidence. the continuance of trial
when necessary. &c.--thus securing, III a reg
uar manner, the examination Of facts, for
mai finding, and pronounced sentence in
cunf"rmIty with law. A tribunal Is desig
mated jurisdiction conferred upon 1t and its
proceedings subjected to regulation. And
then, the rec rd of the trial and tiuding NAV
D. reviewed by superior authority, End the
President may, IN a proper case, in,+rpnse
his pardoning power TO remit the punish ment
of the person convicted.
The twenty frs section of The supplemen
tary act of Sd March, 1865, provides 0ddi-
tiondl penalties for the crime of deserlion
but the trial of the "ff-nse itself remains as
fixed br the act OF 1868, to wit, by court
martial. Upon triai nd conviction by such
military cruri, the deserrer Incomes suhi.ct
t,> fL. hi.
er under the fcrnrr or latter statute but such
trial and Conviction by court martial ia in
dispenssble to their infection. Thus stands
the question under the conscripticn laws of
the United Stsies -, exclusive jurisdiction to
military courts over cases o. deserfion, both
10 try the uffeuse and pr onounce the punish
ment.
g. But IT, State election laws still more
clearly exclu 1e the unauthorized action Of
election boards. The inspectors are sworn
that thew will not "verdtiously delay or re
fuse to receire any rpte from any person pho
they shall beLiere 10 be entitled to p0te ACCORD
ING To THE PRnvTsmSs OF THE CoNsTITU-
TInN AND LAWS OF THIS CoMMnNwEALTH."-
And the general election law fur,h her enacts
that "eresy persDn' qualified to vote sccnr-
ding 10 ITS provisions "shdH be admitted to
cote" in his proper district There are also
penalties provided for such officers as may
violate these plain and imperative require
ments OF the law.
Fr high evidence of the law upon the
present subject of inquiry, refer to the pro-
ceedings IN he House Of Representatives Of
thus State at the last session, upon a partc
uar bill TO withdraw privileges Of citizenship
and the ,ight TO cote from dsser ters, and
drafted men in defanlt. But the bill was sue
cessfully opposed upon the ground befnre sta
ted in this argument, that The qualifications
of suffrage arc fixed in the Constitution of
the State a.d una,t rable except by an
amendment of shat instrument by the people.
The sound and judcious remarks Of Mr.
Brown, of Warren, and Col. Mcclure, OF
Franklrn, (eadlng members of the maj rity
IN The H"use) were decisive of the fate of the
bill. II was dr,pped and its consideration
lever resumed.
1t then plainly appears that election off
GERS cannot reject the vote Of any person who
is duly qualified tn vote under the Constitu- .
ton and laws of this State. nor can they en-
ter upon any inquiry regarding his perfor
nance of durv 10 lhe Unue1 states under the
crnscriprIon laws. They can only pcrf"rm
the duties charged upon them by our election
laws, and tn the performance of which they
are bound by oath.
As to proceedings against deserters and
non reporting men hereafter: BY the co.'s
scripiion laws they may be tried before courts
martial, and IT Connected, punished or par
d"nei according to the merits aid c,rcun
stances of each case. II isa question Of pol
ICY with the g''vtrrment whether proceedings