The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1866-09-28
The Law of the Land.
DECISION OF THE SUPREME COURT,
ON THE RIGHT OF sO-CALLED
DESERTERs TO VOTE!
Election Officers, Read!

The following is the opinion Of the
Supreme Court inrcgard to the right Of
so-calIed 'deserters" to vote. 1t de-
clares the Act OF Congress void and Of
course the act ofthe Legislature based
upon the void Act of Congress is also
void. A MAN MUST FIRST BE
TRIED, CONVICTED AND SEN
TENCED as a deserter before he can be
deprived ofhis righttO vote. SO say the
Supreme Court. Read for yourselves:
The act Of 1906 provided for general
courts martial, and made minute and
careful regulations for their Organiza-
ton, for the conduct Of their proceed
ings, and for the approval or diSapprO-
val Oftheir sentences. Subsequent acts
made some changes, but they have not
restrained the jurisdiction or diminish
ed the powers of such courts. tits to
such a code Of laws, forming system
devised for the Observation-Disclosures,
that the tWenty-first section of tIfS act
of March 3, 1863, was added 1t refers
plainly to pre- existing laws. Ithas the
singieohject Ofincrea5ing the penalties,
bat it does not undertake TO change or
dispense with the machinery provided
for furnishing the crime. The common
rules OF construction demand that it be
| read as ifit bad been incorporated into
former acts. And if ii had been, If the
act Of 1896 and itssupplements had pre-
scribed shat the penalty for deseTtiOn
or failure To report within a designated
time after notice or draft (which the act
Of 1860 declares GcsertOnl should be
punished, on conviction Of the same,
with forfeiture citizenship and death,
or in lieu of the latter, such other pun
ishment as by the sentence Of court
martial may be inflicted, WOuldany one
contend that any portion Of this pun
ishment could be inflicted without con-
Viction and sentence? ASsurcdly not.
And ifnot, so must the act 0fl6G5 be con-
stru. Il now. itmeans that the forfeit
ureWhichitprtscribes, ,likcall othcrpen-
aities for desertion, must be UdjUdged TO
| the convicted person after trial by
court martial and sentence approved.
| For the conviction and sentence Of such
court there can be no substitute. They
alone establish the guilt ofthe accused
and fasten upon him the legal COnse-
! qUcnces. Such, we think, is the true
meaning of the act, a construction that
cannot be denied to it without losing
! sight Of all the previous legislation re-
| spcctingthesames subjectmatJer, nOp part
| of which does this act profess tOalter.
1t may be added that this constTuc-
| ton is not only required by the uniVer-
sally admitted rules Of statutory inter
! probation, but it is in harmony with the
| personal rights secured by the COnsti-
! tuition, and which Congress must bepre-
sumed to have keptin view. LtgiVes TO
| the accused Il trial before sworn judges,
a right to challenge, an opportunity Of
defense, the privilege of hearing the
witnesses against him, and Of calling
witnesses in his behalf 1t preserves to
| him the cOmmOn-laW presumption Of
innocence until he has been adjudged
guilty, according To the forms OF law.
Itgives tinality tOa single trial. If tried
by a court martial and acquitted, his in
nOccncc can never again be called IN
question, and he can be made 10 suffer
no part Of the penalties prescribed for
guilt. On the other hand, II record OF
conviction by a laWfulcOurt benOta pre-
| requisite 20 suffering the penalty Of tho
! law, the act OF Congress may Work IN
! tolerable hardships. The accused Will
! then be obliged to prove his innocence
| whenever the registry Of the provost
| marshal isadduced against him. No de-
| cision of a board Of election officers will
| protect him against the necessity OF re-
! neWing his defense at every subsequent
/ election, and each time with increased
| difficulty from the possible death
! or absence Of witnesses. In many cases
/ this may pTOVea gross wrong. ltCannOt
/ be doubted that in some instances there
/ We're causes that prevented Il return to
/ service, or report by persons register
/ cd as dcaGrters by provost marShalS,
/ that would nave been held justi.ying
! reasons by a court martial, or at least
/ would have prevented an approval Of
/ the courts sentence. tits we'll known,
/ also, that some WhOWcre registered dcs-
/ Crters We're, at the time, actually in the
! military service as volunteers, and
/ hOnorably diSCharging their duties to
/ the government. To hold that the act
/ Of Congress imposes upon such the ne
cessity OfprOving thcirinnOcence, with
! out any conviction Of guilt, would be
/ an unreasonable construction Of the act,
and would bcattributiug to the Nation
/ al Legislature an intention not Warran-
ted by the language and connection Of
| the enactment.
Itf0lloWs that the Judgment Of the
! Court below, upon The case stated, was
right. Ihe piuiMib not hariag been c0y1-
/ ricicd Of deleriiOR md fuihrafo r/fJD'Ht0
: FT.7. J. -