The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1866-02-02
LIGHT FROM DARKNESS.

the smut and pitch of negro politics in
which it revels, radiates the following
streak of light upon the astounded legal
profession of the state:
"VoTEs OF DEsERTERs.-The queer
decision of Judge King, of the Bedford |
district, that Congress cannot, without
trial, disfranchise deserter. has been
reversed by the State Senate, which on
Thursday Ousted Mr.. Duncan, the DEM
ocratic Senator from Adams, on the
ground that he was elected by the votes
of deserters; who were permitted to
vote by the Democratic election judges
of that county. 1t is understood this
decision Of the Senate was reached un-
der theadvice of the Attorney General"
That such an ass as the author of the
above should be tolerated as a writer
for a newspaper, seems almost beyond
belief, as the only quality which he ap-
pears to possess that would recommend
him even to the publishers of the Pitts
burg Gazette, is that of telling the plain
est falsehood with the coolest nonchaI-
ance This profound lawyer styles
Judge Kings decision ''queer" one.
Why? Because the Judge holds that
Congress cannOtdisfranchiseany citizen
without due process of law! That is,
man must have been tried for, and con-
victed of, deserti0n, before he can be
punished as deserter Was Mrs. Grind
er, the murderess, hung before she was
tried and convicted? And are men ac-
cused of the crime Of desertiOn. to be
disfranchised before they have been
tried and convicted? Judge King did
not decidethat Congress cannot, with
out trial, disfranchise a deSerter," but
that no man can be deprived of his cit
izenship without due process of law,
and, therefore, that no man can be dis
franchised as a deSerter, until he shall
have been convicted as such by due
process of law. Did the Pittsburg Ga
zette never hear of the old legal maxim,
Every man is presumed innocent until
proved guilty?"-But, says our astute
legal critic, the decision Of Judge King
''has asbeenreversed bytheState Senator
Whoever heard of the State Senate be-
ing part of the Judiciary! Whoever
heard Of an appeal being taken from
the Court of Common Pleas to a COM
mittee of theState Legislature! Here's
richness for you" as Mr.. .Squeers would
have said. 1t is true that a majority of
the committee Of the State Senate,
drawn to decide the contested case oi
Messrs. Duncan and McConaughy, did
oust Mr.. Duncan, on the ground that
his majority was composed Of the votes
of deserters. But this was a mere par.
tizan decision, all the Republicans
on the committee holding one view
and the only Democrat on the commit
tee entertaining the opposite. Its vel
known, and the writer forthe Pittsbure
Gazette knows it, if he knows anything
that committees drawn to decide con
tested election cases, have no great re
gard for fairness, and much less respec
for legal points that happen to projec
across their path. They decide the case
that come before them, according t
their political bias. Their decisions arr
not authority, for a committee draw
tomorrow, opposed in politics to Mr.
McConaughy, could and would give th'
seat to Mr.. Duncan, and their rep0r
would be as binding upon the Senat,
and all interested, as that of the forme
committee. Again, we are informed
by the knowing fellow who perpetrateC
the above, that "the decision of tn
Senate was reached under the advice o
the Attorney General" In the frs
place the Senate made no decision. Si2
Republican" members of the commit
tee drawn to try the case referred to
reported that McConaughy was entitled
TO the seat of Mr.. Duncan; the only
Democrat on the committee, reported
that McConaughy was not entitled t.
the seat, but that Duncan rightfully
held it. The Senate took no vote upoI
either of these reports, and never viii
vote upon them, because the report 0
the majority of the committee is con
elusive of the case. Therefore, thi
decision" is not that of the Senate
but only of six Republican" Senators
Secondly, the Attorney General was no
consulted by the committee. The prop
osition to refer the ''deserter'' question
to the Attorney General, was made by
Mr.. Duncan and the Democratic Sena
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