North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1866-06-06

on proper showing that he is not liable to
Military duty the board of enrolment shall
relieve him from the draft,
have thus traced the legislation upon
this subject from the Act of 1905, down to
that of 1868. We find therein full provis-
ion made for the arrest, trial, conviction,
sentence and punishment of persons guilty
of Military offences, especially of desertion.
No tribunal either Civil or Military, no
officer or person has power to punish for
the offence, until the party accused has an
opportunity of being heard. He is presum-
ed innocent until he IS proved to be guilty.
He is not to be punished without record
evidence of his conviction.
He is entitled to process to compel the
attendance of witnesses necessary to his de-
fence. Preliminary to his trial he may
challenge, for cause, any member of the
Court convened to try him. Each mem
Der of the Court is required to take an oath
that he e"will duly administer justice accord
ing to the provisions Of an Act establishing
rules and articles for the government of
the armies of the United States without
psrtiality, favor or affection"
Such are the forms and safeguards
which the law has wisely and with great
particularly provided, to protect the SOL
dier against unfounded accusations, and to
secure to the government the services due
from him or to punish for his dcsertion.
An accusation-a court-a trial-a con
viction-a sentence-ab approval of that
sentence and a record showing all these
must precede the punishment.
We come now to the Act of Sd March
1865, which it is claimed deprives person
who has deserted or failed TO report, of all
rights as a citizen. The 21st Section is in
these words
ain addition to the other lawful penal
ties of the crime of desertion from the Mil
itary or Naval service of the United States,
all persons who shall not return to said SER
vice or report themselves to Provost
Marshal within sixty days after the proca-
nation hereinafter mentioned, shall be
deemed to have voluntarily relinquished
and forfeited their rights of citizenship and
their rights to become citizens, and such
deserters shall be forever incapable OF hold
ing any office of trust or profit under the
United States or of exercising any rights
of citizens thereof"
In constituting this Act we are not to
consider it by itself, but as part of a sys-
TEN. The Act of 1896, Goth Article OF
War before mentioned, the 18th Section
of the Act of 1863, and the Act of 1860,
should be construed as though they were
embodied in one Act; upon the well es-
tablished rule of construction, That sever
al Acts in pari n.ateria and relating to the
same subject are to be taken together, and
compares, in the construction OF them
because they are considered as having one
object in view and as acting upon one sys-
tenn. 1t is to be inferred that a code OF
statutes relating to one subject was govern
ed by one spirit and policy was intended
to be consistent in its several parts and pro-
Visions" / Kent, Com AGA. Dwarrls
on Statutes, 500.
Construed in the light OF this just rule,
the Act of 1865 does not impose the sen
tence of:he law before conviction. Its pen.
atty is in addition 10 those already imposed
upon the crime of desertion. The fact OF
dcsertion being established in the manner
provided by law, forfeiture of citizenship
follows as consequence,
1t was never intended that person
against whose name upon the roll shall be
written the word "deserter," or against
whom proof may be made by witnesses,
shall be all his life, upon all occasions, and
in every place, prepared to rebut what
might seem to be a prinaa facid case against
him, or else suffer the severe penalty OF
disfranchisemcnt.
Officers of elections derive their authori-
ty from the Constitution and laws of this
Commonwealth. Their duties are simple
and clearly defined. II they are to per-
form the duties now claimed for them, and
to decide questions of desertion and citizen.
ship under Acts of Congress, they ought
to be subject to challenge, for cause, and to
be sworn as required in the case of Courto
Martial. 1t they have the right to hear
the accusation, they surely must also hear
the defence. This sort of trial involves
inquiry into the valility OF the draft-of
the notice given-of the non-reporting OF
other deseItion--of inevitable accidents,
sickness, insanity and other matters consti-
tuting defence all these matters involv-
ing multitude of facts and nice questions
of law, would be heard and decided in this
collateral manner, and the penalty of dis.
Reimbursement inflicted without the approx.
al OF any officer in the Military service.
/ hold, and SO instruct the Jury, that
the Judge and Inspectors of elections have
not the power to try questions of deser.
ton neither upon a certificate from the
War Department, nor by the oaths of wit.
nesses, nor any other evidence short of the
record of conviction and sentence of q
Court Martial, approved as required by
the Acts CT Congress.
Under this view of the law, the question
as to the right of Congress to pass laws
depriving the citizens of States of theil
rights AS such, does not necessarily arise