Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1866-10-03

ment Of q citizen as a punishment for
crime is no unusual punishment-Bar-
lIer VS.. the People 20; Johns 45S. III
by the law of State citizens of the
United States only y are allowed to vote,
the action or non-action Of Congress
may thus indirectly affect the number
of those entitled to the right Of suf-
frage. Yet, after all, the right is one
which its possessor holds as n citizen
of a State, secured by the State Con-
stitution, and to be held on the terms
prescribed by that Constitution alone.
1t is an integral part Of the State Gov
ernment
But it is not q correct view of the
act Of Congress now before us to re-
gard it as an attempt to override
State Constitutions, or to prescribe
the qualifications of voters. The act
makes no change in the organic law
of the State. 1t leaves that as before,
to confer the right Of suffrage as it
pleases. The enactment operates up
on an individual offender, Furnishes
him for violation of the Federal law,
by deprivation of his citizenship of
the United States, but it leaves the
State to determine for itself whether
such an individual may be voter. 1t
does no more than increase the pen
alties Of the law upon the commission
of crime. Each State defines for it
self what shall be the consequences of
the infiction of such penalties. And
with us it is still our own Constitution
which restricts the right Of suffrage
and confers it upon those only who
are inhabitants Of the State and citi-
zens of the United States.
The third objection against the va
lidity of the act of Congress would be
a very grave one, if the act does in
reality impose pains and penalties be.
fcre and without Il conviction by due
process of law. The fifth article oil
the amendments TO the Constitution
ordains "that no person shall be held
to answer for a capital or other infa
nous crime; unless on presentment
or Indictment, of grand jury, except
in cases arising in the land or nava'
f forces, or in the militia, when in ac
tual service, in time OF war or public
danger; nor shall any person be sub
iect for same offence TO be twice put
in jeopardy of life or limb nor shal
he be compelled in any criminal cas-,
: to be witness against himself; moi
be deprived of life, liberty or property
without due process of law" Tn,
/ sixth article secures to the accused il
f all criminal prosecutions certain rights
f among which are a speedy and public
trial, by jury of the vicinage, informa
, ton of the nature and cause of thu
: accusation, face to face presence Will
the witnesses against him, compulso
, ry process for his own witnesses, anC
the assistance of counsel. The spiri
! OF these constitutional provisions i
{ briefly that no person can be made t
suffer for criminal offence unless tn,
5 penalty be inflicted by due process o
t law. What that is has been often dc
: fined, but never better than il wa
: both historically and critically b,
a Judge Curtis of-the Supreme Court q
c the United States in Den Us Murra.
l. ct al Is Howard 272
n 1t ordinarily implies and includes
/ complainant, defendant and a judge
Il regular allegations, opportunity t
Il answer, and trial according to som
= settled course of judicial proceeding
}. 1t must be admitted there arc fey
5 exceptional cases. Prominent anon
r these are summary proceedings 70 rc
/ cover debts due to tho Government
l. especially taxes and sums due by d(
l. fautng public officers. But | ca
e call to mind no instance in which
is has been held, that the ascertainmen
Ie of guilt of public offence, and th
n imposition of legal penalties, can b
O. in any other than by trial accordin
n to the law, that is the law Of the pai
Ie ticular case, administered by jud
o cial tribunal authorized to adiudicat
h upon it. Aud cannot persuade my
II sell that Judge OF elections or ooar
l. of election officers, constituted undc
d State laws, is such a tribunal. / caI
e. not think they have power to tr
y criminal offenders, still less TO adiudg
m the guilt or innocence of an allege
It violator of the laws ofthe L. S. A trii
1t before such officers is not due procei
q of law for the punishment of offence
Of according TO the meaning of tn;
" phrase in the Constitution. Thel
&c are, il is true, many things which the
of may determine, such as the age, res
t dence of person offering to vot
a whether he has paid taxes, and whet
ut er, If born an alien, he has certihca
III of naturalization. These things pc
e. tain to the ascertainment of polite
ne right. But whether he has been gu
c ty of criminal offence, and has as
IN consequence, forfeited his right, is q
ne inquiry of a different character NJ