Delaware State journal and statesman., 1866-11-06
CAN nEsnnrrns vnrrl

An Inspector of Elections in the State oil
michigan addressed letter to the Hon. A.
Williams, Attorney General of the State,
asking to be informed, whether "there is
is any law of that State, OF OF the United
States, which DISTINGUISHES deserters, and
those who unlawfllly evaded the draft"
The Attorney General, says, in his reply,
there is no statute in the State which dis
such personsn But while this is
true of the State, there is statute of the
United States bearing upon them. In the
act of Congress, March B. 1865, is the follow
ing provision.
"SEc. 21. And be ii further enacted, That
IN addition TO the other lawful penalties of
the crime Of desertion from the military or
naval service of the United States, who shall
not return 30 said service or report them
selves TO Provost Marshal within sixty
days after the proclamation hereinafter men
TONED, shall be deemed and taken to have
voluntarily relinquished and forfeited their
rights OF citizenship, and their rights to be-
come citizens; and such deserters shall be
forever incapable of holding any office of
trust or profit under the United States, or
exercising any rights of citizens thereof; and
all persons who shall hereafter desert the
military or naval service, and all persons
who, being duly enrolled, shall depart the
jurisdiction of the district in which he is
enrolled, or go beyond the limits of the
United States, with intent to avoid any draft
in the military or naval service, duly order
cd, shall be liable TO the penalties of this
section. And the President is hereby all-
thorized and requested forthwith, on the
passage of this act, 10 issue his proclamation
setting forth the provisions Of this act, in
which proclamation the President is request
ed to notify all deserters returning within
sixty days as aforesaid, that they shall be
pardoned, on condition of their returning to
their regiments and companies, or to such
other organization as they may be assigned
to, until they shall have served for a period
OF time equal to their original period of en-
listment.n ~
On the 1lth of March, 1865, President
Lincoln issued proclamation, in accor.
dance with the provisions of this act, warn
ing all deserters to return to their respective
companies. Upon full review Of the
above case, the Attorney General says.
THE conclusion from the foregoing pre.
misses, therefore, is irresistible--tIat aii nrr.
sons who deserted from the military or naval
| service OF the United States, before March
| 3, 1865, and have not been pardoned; and
all who thereafter deserted said service or
departed rom the jurisdiction of the dis
trlet IN which they are enrolled, or went
| beyond the limits OF the United States with
| intent to avoid any draft into such service
duly ordered-having thereby forfeited their
rights OF citizenship, and their rights 10 be.
come citizens, as well as that of exercising
any rights OF citizens thereof; and the cleo.
tive franchise and office holding being OF
these rights, and not inalienable ones-are
not electors under the Constitution and laws
OF the state; and consequently not entitled
TO vote at our elections or hold any office Of
trust OF profit in Michigan. A voice in Coy
ernment and official incumbency are toe
clearly the peculiar rights of citizenship to
admit OF argument and therefore, citizen
ship being forfeited, those rights are neccs
sarily forfeited also.
~ would advise, then, that every suol
person who offers to vote, be challenged a.
unqualified us an elector 10 vote at the elec
ton; and that those of them, who take
either oath prescribed by section 40. of thu
compiled laws, be prosecuted for perjury. OF
illegal voting, us shall be thought best; and
that all of them, who vote without beinl
challenged, be prosecuted for illegal voting,
under section 5.915 of the compiled laws
The challenge should be made by one o
the inspectors OF elections, or Il qualified
election; and when made, the board of in
spectors should declare to the person chal
lenged, the constitutional qualifications OF
an elector, not emitting to state among Other
things, the provisions of section 81, of said
act of Congress; for it is part of the SUI
preme law of the land
anything in the Constitution or laws of any
State to the contrary Notwithstanding.
This is the law in DELAWARE!
Challenge eUery such rote, and if ii is re.
eeiged note the facts Qf tile case, and repor
to State Central Committee
SAMUEL NJ. HARRINGToN, Chairman.