The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1866-10-05
The Law of the Land.
DECISION OF THE SUPREME. COURT,
ONTHE RIGHT OF sO-CAILED
DESERTERS TO VOTE!
Election Officers, Read +!

The following is the opinion of the
Supreme Court in regard to the right OF
so-called "deserters" to vote. 1t de-
clares the Act of Congress void and Of
course the act of the Legislature based
upon the void Act of Congress is also
void. A MAN MUST FIRST BE
TRIED, CONVICTED AND SEN
TENCED as adeserter before he can be
deprived ofhisr right to 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 Of their sentences. Subsequent acts
made some changes, but they have not
restrained the jurisdiction or diminish
ed the powers of such courts. 1T Is to
such a code of laws, forming a system
devised for the punishment ofdesertlon,
that the tWenty-first section Of the act
of March 8, 1863, was added. 1t refers
plainly to pre-eXisting laws. 1t has the
single object ofincreasing the penalties,
butit does not undertake to change or
dispense with the machinery provided
for Furnishing the crime. The common
rules of construction demand that II be
read as if it had been incorporated into
former acts. And if it had been, if the
act of 1906 and its supplements had pre-
scribed that the penalty for desertion or
failure to report within a designated
time after notice 0rdraft (which the act
of 1868 declares descrtiOn) should be
punished. on conviction Of the same,
with forfeiture of citizenship and death,
or in lieu Of the latter, such other pun
ishment as by the sentence Of court
martial may beinfiicted, would any one
contend that any portion Of this pun
ishment could be inflicted without con-
victiOn and sentence? AsSuredly not.
AndifnO 50 must the act Of 1860 be con-
strucd now. 1t means that the forfeit
ureWhich it prescribes, likeali Otherpen
altieS for deSertiOn, must be 0QjHdged 10
the convict, d person after trial by q
court martial and sentence approved.
For the conviction and sentence OF such
q court there can benO substitute. They
alone establish the guilt Of the accused
and fasten upon him the legal conse-
quences. Such, we think, IS the true
meaning Of the act, construction tlat
cannot be denied to it without losing
sight Of all the previous legislation re-
specting thesame subject matter, no part
Of which does this act profess to alter.
Itmav be added that this c0nstruc-
| 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 C0nsti-
/ tuition, and which Congress mustb be pre-
sumed to have kept in view. 1t gives to
! the accused a trial betOresWorn 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 c0mmon-law presumption OF
/ innocence until he has been adiudged
/ guilty, according to the forms of law.
/ 1t gives finaIity to a single trial. Iftried
/ BY a court martial and acquitted, his in
! nOcence can never again be called III
/ question, and he can be made to suffer
no part of the penalties prescribed for
/ guilt. On the other hand, if a record OF
conviction bya lawful court be nota pre-
requisite to suffering the penalty of the
! law. thee of Congress may work intOl-
cradle hardships. The accused will then
! be obliged to prove his innocence when
ever the registry of provost marshal
/ is adduced against him. No decision OF
! a board of election office 5 will protect
/ him against theneceSsity of renewing
L : Al
and each time with increased difficulty
arising from the possible death or ab,
/ sence of witnesses. In many cases this
NAV prove a gross wrong. 1t cannot
/ bedoubted that in some instances there
were causes that prevented return to
/ service, or report by persons register
| ed as deSerterS by provost marshals,
/ that would have been held iuStifying
/ reasons by a court martial, or at least
would have prevented an approval OF
! thecOurt's sentence tits well known,
also. that some who were registered des-
/ erters were, at the time, actually in the
/ military service as volunteers, and hon
Orably discharging their duties to the
government. To hold that the act OF
! Congress imposes upon such the neceSSl-
/ tv of proving their innocence, without
any conviction of guilt, would be an
unreasonable construction of the act
and would be attributing to the Nation,
al LegislatureYan intention not waran,
ted by the language and connection of
! the enactment.
1t follows that the Judgment of the
! Court below, upon the case stated, was
right. The plab'titnot haring been con
Uicted Of assertion and faiitTe toret,am tG
tie Sercjce, or to report to q pr0UoSt mar
shat, and not hdrng been SeHtencedt0 tht
penalties and forfeiture Of the tGlc, iCa,
| cllfiNed To rOte.