Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1866-10-04

the 10Th OF April, 1906, Briehtly's Dig.
~ Is IN these words: g All officers and
soldiers who have received pay, or have
been duly enlisted in the service of the
United States, and stall be concicte3 of
having deserted, the same shall suffer
death or such other punishment as by
sentence Of court marital shall be inflicted
Other enactments have been made at
different times respecting the punishments
TO be inflicted FOR the offence. The pun
ishment of death in time of peace was
abolished in 1880. Corporeal punishment
by stripes was abolished by the act of
May l6, 1912, and by the act of March
ID, 1888, that section of the repeating
act was Itself repealed, $50 far as it ap-
plies to any enlisted soldier ,Cho shall be
conrlcted by q general court martial ofhe
crimes Of dcSer'tton." BY the act of Janu-
airy II, 1912, an additional penalty was
prescribed for desertion, and it was de-
clared that "such soldier shall and may
be tried by court martial and punished"
Brightly's Dig, 80. The 18th section of
the act of March Sd, 1898, which de-
clared that any person falling to report
Ill ltl ulc StII lCc Ol IibittC tlldl he nau
been drafted, shall be deemed a deserter,
enacted thet such person g shall be ar
rested by the Provost Marshal and sent
to the nearest military post for trial by
Court Martial, unless upon proper show
ing that he Is not liable to military duty.
tho board of enrolment shall relieve him
from the draft. All these acts of Con-
,,,,,,c,r.I,, 49,, Il !
sertion by court marshall and the infliction
Of no punishment or forfeiture, except
upon conviction and sentence in such
courts. The act of 1896 provided fer
general courts martial, and made minute
and careful regulations for their organiza-
ton. for the conduct Of their proceedings,
and for the approval or disapproval Of
some changes, but ti.ey have not restrained
the jurisdiction or diminished the powers
of such courts.
1t is to such code Of laws, forming Il
system devised for the punishment of de-
sertion, tha 2lst section of the act Of
March Sd, 1865. was added. 1t refers
plainly TO pre-eXisting laws. Il has the
single object of increasing the penalties,
but it does not undertake to change Or
dispense with the machinery provided for
punishing the crime. The common rules
of construction demand that it be read as
if it had been Incorporated into the former
acts And if it had been, if the act of
1906, and its supplements prescribed that
penalty for desortIon or failure TO report
within a designated time after notice of
draft (Which the act OF 1868 declares de-
scrfion) should be punished on conviction
ofthe same with forfeiture Of citizenship
and death, or in lieu OF the latter such
other punishment as by the sentence OF a
court martial may be inflicted, would any
one contend that any portion of this pun
ishment conid be inflicted without coEvic-
ton and sentence Assuredly not. And
if not, so must the act OF 1865 be con-
strued now. 1t means that the forfeiture
which it prescribes like all other penalties
for desertion, must be a1judged to the
convicted person after trial by a court
martial and sentence approved. For the
conviction and sentence of such court
there can be no substitute. They alone
establish the guilt Of the accused, and
fasten upon him the legal consequences,
Such we think is the true meaning OF the
act. construction that cannot be denied
TO il without losing sight of all the pre-
vious legislation respecting the same sub
iect matter. no part Of which does tins
act profess to alter.
II may be added that this construction
is not only required by the universally
admitted rules of statutory Interpretation,
but tits in harmony with the personable
rights secured by the constitution, and
which Congress must be presumed to have
kept in view 1t gives to the accused a
trial before sworn Judges, II right to chal-
lenge, an opportunity OF defence, the
privilege of hearing the witnesses against
him. and of calling witnesses IN his be
half. 1t preserves to him the common
law presumption Of the innocence, until
he has been adjudged guilty according to
the forms of law.
1t gives finality tc single trial. If
tried bv a court-martial and acquitted,
his innocence can never again be called
i'm question, and he can be made to suffer
no part of the penalties prescribed Tor
Guilt On the other hand, il record OF
conviction by lawful court be not pre-
requisite to suffering the penalty OF the
law, the act of Congress may work lntoi-
erable hardships The accused will thus
be obliged TO prove his innocence whenever
the registry of the Provost Marshal is