Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-06-01
SHALL DEsERTERs VOTE.


Are Non-Reporting Drafted Men Enti-
tied to Vote-Why the Law Disfran-
chisihg Deserters in Pennsylvania has
not been Signed.
Thursday last, the Franklin county deser-
ter case came up on an appeal for hearing
before the Supreme Court in session at Har-
risburg. The facts IN the case are briefly
stated as follows Henry ReiIley, the plain
tiff citizen Of Franklin county, was draft
ed into the military service of the United
States on the 10Th day of July, 1864, and
having been regularly served with a notice
of his conscription, he refused and never
did report to the Provost Marshal OF the
Sixteenth District for service IN the army Of
the United States, nor did he furnish a sub
sttute, or pay the required sum OF money
therefor When the plaintiff ia this case
offered 10 vote in the township Of Hamilton,
county of Franklin, on the 10th day OF Oc-
tober, 1865, the Judge Of the Election re-
fused to receive his vote, on the ground that
the plaintiff was a deserter from the military
service of the United States, aud in eonse-
quence thereof was disfranchised by the act
Of Congress providing for the enrolling and
calling cut Of che National forces, approved
the I'd day of March, 1865.
When the case came up In the Franklin
county court, on the suit of Henry Beilley
VS.. Benjamin Huber, judge of election,
judgment was rendered againsl the defend
ant in favor of the plaintiff, for one dollar
and costs of suit, thereby annulling the law
of Congress, and relieving all desertsrs,
heretofore citizens of Pennsylvania, so far
as the decision Of the lower court Is con-
cerned, from the penalty of disfranchise-
ment
Benjamin Huber, defendant below and
plaintiff in error, now asks to be relieved of
this fine as having been illegally imposed,
urging in support of his action as a judge
of the election, in disfrancbising Henry
ReiIley, that Reilley' forfeiture of his right
as a citizen Of the United States includes
the forfeiture of his rights as an elector in
the State of Pennsylvania. On this point
the suit was brought before the Supreme
court
The following communication ON the sub
ject was received by the judges from Attor-
ney General Meredith
ATTORNEY GENERAL S OFFICE,
HARRISBURG, Pa, May %, 1866.
My DEAR SIRs | understand that case
involving the question Of the constitution
ality of the act of Congress which provides
for the disfranehisement of deserters will be
heard before you to-day. 1t was my par
pose on hearing that case as an dnlicus c1s-
laos to make or dlly the statement which |
now beg leave to present to the court in
writing The physical disability under
which / am temporarily laboringwill, Ihope,
afford ground for your kind indulgence in
the adoption of this mode of communicating
with the court.
Shortly before the termination of the last
session, bill was sent to the Governor for
his approval, providing for carrying into eff
feet, so far as relates to the exercise Of suf-
frage in this Commonwealth, the enactment
of the act of Congress referred to. Under
standing that one or more cases involving
the question of the constitutionality of that
act of Congress would be presented for your
decision at the present term, he thought
that due observance of that respect for
and obedience to the law as adjudicated by
the highest tribunal in the Commonwealth,
which have always been prominent charac-
teristics Of our people. required that he
should await, if possible, the result of your
decision.
As the provisions of that bill are proba-
bly, not otherwise known to the court, / beg
to suggest that, if it should become a law,
a very considerable time will be required to
make the necessary thorough examination
of the military records of the United States
and to prepare the detailed list which it di-
rects to be transmitted to the offices of the
respective Courts of Quarter Sessions, and
to afford sufficient time, between such trans
missions and the general election, to the
persons whose names may be on the list, to
obtain the evidence Of any mistake which
may have occurred in regard to themselves
Individually.
l Iconceive it to be my duty to bring these
circumstances to the attention of this court,
that they may be apprised Of the great pub
Tic interests that seem to invite an early an
nouncement of their judgment en- the ques-
ton.
am, with great esteem, truly yours,
VIM NJ MEREDITH,
Attorney General of Pennsylvania.