Columbia democrat and star of the north. [volume] (Bloomsburg, Pa.) 1866-1867, 1866-06-06
Disfranohisement of Citizens.
CONSTRUCTION OF THE ACT OF
CONGRESS OF MARCH 3, 1865.
CHARGE OF
HON. WILLIAM ELWELL,
MAY "a, 1866.
In the Quarter
Sessions of Sullivan
County.
Thomas j. Ingham,
John III. Green,
Rich REYNOLDS eft al

GENTLEMEN OF THE JURY: The import
ant principles involved in this case demand
at your hands a careful consideration, both
of the facts and the law applicable thereto.
Difference of opinion exists and earnest dis.
cussions are held upon the questions now to
Re decided. The public mind is somewhat
excited upon the subject But excitement,
passion, prejudice and pre-judgment should
be keptoutside of and entirely excluded from
this Temple OF Justice Here duty requires
calm deliberation and unbiased and impair
tial Judgment.
The Indictment in this case is founded
upon the Act of I'd July 1S39 known as the
Election Law 1t charges the defendants in
the language of the 10th Section Of that
Act, with having used threats, practiced IN
Limitations, and employed force and violence
with design to influence unduly, overawe and
prevent the prosecutor, James Peterman,
2 qualified voter of Laporte township in this
county, from voting at the General Election
held on the second Tuesday of October last
There are eight counts, charging different
offences under the Act, but all arising from
the same transaction.
On the part of the Commonwealth it is
shown, that the prosecutor was a qualified
voter as alleged in tie Indictment Resi-
dencs in the State and district, assessment
and payment of taxes, as required by the
Constitution and laws, have been clearly es-
tablished by unquestioned testimony.
1t is also alleged and proved, if the wit
nesses are believed, that while the prosecu-
tor was in the act of offering his vote at the
last election. he was seized by the defendents,
T. j. Ingham, John Ii. Green and Richard
Reynolds Mr.. Ingham challenging his vote,
declaring that he arrested him as deserter
and c0mmGadIhg all persons present TO as
sist him His authority was called for He
showed a paper, but declined TO read it.
The vote Of the prosecutor was taken from
his hand by one of the Inspectors and laid
upon the table Under the direction Of AIr.
Ingham the prosecutor was then taken into
the room where the Election Board was sit
ting and there he'd until his right to
vote was decided. His vote was re
fused He was then taken under guard To
the house of Mr. Ingham, where he was
kept for upwards of two hours and then
suffered to go at large upon his promise not
to trouble those who had arrested him.
According TO the testimony of VIM. l..
Burke, witness for the Commonwealth,
and Benz l.. Cheney. witness for the de
fendents, Mr.. Ineham declared in the after
noon before the arrest, that he would have
the prosecutor arrested If he attempted to
vote Mr. Grifis testifes that Mr.. Ingham
declared after the arrest that be had 50 told
the prosecutor before be offered his vote
This is brief outline of the evidence relied
upon by the Commonwealth.
On the part of the defendants it IS alleged
that the prosecutor had forfeited his rights
as citizen by deserting from the military
service Of the United States. In support of
this allegation, they produce here an exem-
plifed copy or extract from books in the War
Department, which shows that James ;. Pc
ter1nan, of Laporte township, Sullivan county,
was drafted on the 18th of January, 1868
In one column Of the extract Is the word
held. On the right of the word, and OPP
posite the name. is the word -deserter.
1t appears that In the latter part of Febru-
ary or fore part of March, 1865, 4. G.. vii
bur took Peterman to the Provost Marshan's
Office, at Troy, in Bradford county, where
he was examined and held to service He
escaped from the office says Provost Mar
shal Manville, and did not again come into
my custody.
1t appears generally from the evidence upon
both sides that from the time of the draft to
the time of offering his vote and since the
prosecutor has been at home, openly about his
business. and at no time IN the service
Does the Act of Congress of 3rd March,
1865, under these facts deprive the proseeu-
tor of all rights as a citizen of the United
States and disqualify HIM as an electOr III the
State of Pennsylvania
In order TO understand this Act it Is neces-
,ary to examine the statutes which preceded
it. The first Act passed by Congress, In re-
gard TO desertion which is now in force, is that
Of 1906 ] Brightly's Dig - ] refer to
the 10Th Article of War which Is in these
words: All officers and soldiers who have
received pay or have been duly enlisted in the
service of the United States and shall be con-
,7cfed 0fhariag deserted, the same shall suffer
death or such other punishment rs by sen
tence of Court Martial shal, be inflicted
Before the sentence of a Court Martial can
be executed it must be approved; formerly by
the Secretary of War, but now by the 2lst
Section of the Act Of Sd March 1868, by the
General in the field I'd Bright
y, 4.
Court Martial is required by the goth Article
Of War to transmit the original proceedings to
the Secretary of War to be filed there The
party tried is entitled to copy thereof.
The laws upon the subject of desertion re
NAMED unchanged Except by the Act of
1880, by which the death penalty was forbid
len In time of peace) down t0 tie passage of
the ACt Oi 1000. AS ll1utTStsllu IlldL Siitt-
ate, it merely made the fact of person fail
ing to respond to draft or notice, er1dcace
upon which Court Martial might find him
guilty.
These are its words "Any person failing to
report after due service of notice, as herein
prescribed, without furnishing substitute or
paying the required sim therefor shall be
deemed q deserter, and shall be arrested and
sent TO the nearest Military Post for trial la'
Court Martial, unless upon proper showing
hat he is not liable TO do Military duty, the
board of enrolment shall. relieve him from
.he draft
have thus traced the LEGISLATION upon this
subject from the Act of 1906, down TO that of
1863 We find therein full provision made
punishment of persons guilty Of Military
offences, specially of, desertion.
No tribunsI either esiril or Military, no off