Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1866-10-03
NEW SERIES-vOL. VII.--NO. I2.


ject, was governed by one spirit and
policy, and was intended to be consls.
tent and harmonious in its several
parts and provisions" In looking
through thenumerous acts OF Congress I
relating to the desertion from the
military or naval service, it is plainly |
to be seen that we all contemI late a
regular trial and conviction prior 10 |
the inhiction Of any penalty, and /
courts martial are constituted and |
regulated for such trials. The 18th
article Of war, enacted on the 10th OF
April, 1906, (Brightly's Dig. 75) is in
these words; "All officers and soldiers
who have received pay, or have been
duly enlisted in the service Of the IN
tied States, and shall be conUicted OF
having deserted the same, shall suffer
death or such other punishment as By
sentence Of court martial, shall be in
! fiicted" Other enactments have been
made at different times respecting the
punishment TO be inflicted for the os-
fence. The punishment Ofdeathin time
, ofpeace was abolished in 1889. Corpo-
{ real punishment was abolished May
10, 1872, and by the act Of March "a,
f 1888, thai section of the repeating act
was itself repealed, $50 far as it ap-
: plies to any enlisted soldier 'cho shall
5 be conUicted by general court mar
= tial of the crime of desertion." By
r the act of Jan. IL, 1872, an addition
al penalty was prescribed for deser-
! tion. and it was declared that "such
+ soldier shall and may be tried by
q court martial and punished" Bright
f Tvs Dig. 50. The 18th section OF the
5 act of March 3, 1862, which declar ed
t that any person failing to report after
5 due service of notice that he had been
). drafted. shall be deemed a deserter,
J. enacted that such a person "shall be
r arrested by the provost marshal and
c sent to the nearest post for triat By
l. court martial unless, upon proper show
IS ing that he is not liable to military du-
.e tv. the board of enrolment shall re-
n Iieve him from the draft"
D. All these acts of Congress manifest
ly contemplate trial for desertion in
B, courts martial, and the infiction of no
G. punishment or forfeiture except upon
v conviction or sentence of such courts.
', The acts of 1906 provided for general
Ie courts martial, and made minute and
er careful regulations for their organiza'
N ton. for the conduct Of their proceed
le ings. and for the approval or disappro-
" val of their sentences Subsequent
t. acts made some changes, but they
Of have not restrained the jurisdiction
" or diminished the powers OF such
courts. 1t is to such code OF laws
IN forming a system devised for the pun
e. isbment of desertion, that the 2lsi
s. section of the act Of March Sd, 1864
is was added. 1t refers plainly 70 pre-
err existing laws. i. has the single ob
th iect of increasing the penalties, but
n. docs not undertake to change or dis
n pense with the machinery provided
IT, for punishing the crime. The com
or mon rules of destruction demanded
OF that it be read as ifit had been incor
ne porated into former acts. And If D
ed had been, if the act of 1906 and it
e. supplements had prescribed that th'
of penalty for desertion or failure to re
rt port within designated time aite
he notice of draft, (Which the act of lS6'
w declares desertion) should be punish
m ed on conviction of the same, witt
is forfeiture of citizenship aud death, o
ov in lieu of the latter, such other pun
ed ishment rs by the sentence of cour
ed martial NAV be inflicted, would any
he one contend that any portion OF TIN
TO punishment could be inflicted withou
Of conviction and sentence Assured!l
TO not. And if not, so must the act O
m 1865 be constructed now. 1t mean
m that the forfeiture which il prescribes
like all other penalties for desertior
ne must be ddjViged TO the convicted pen
III son after trial by court martial am
on sentence approved For the conviC
cd ton and sentence of such a cour
ad there can be no substitute.
he They alone established tho guilt q
nd the accused and fasten upon him th
ie- legal consequences. Such, we thinh
Sc is the true meaning of the act, a cor
ed struction that cannot be denied to
in without losing sight of all the prev
he ous legislation respecting the sam
Ier subject matter, no part OF which doe
to this act profess to alter
1t may be added that this constru'
rot ton is not only required by the un
Ter versally admitted rules of statuar
de- Interpretation, but it is in harmon
cts with the personal rights secured b
er the Constitution, and which Congre'
ith must be presumed to have kept ]
led view. 1t gives to the accused tri'
SO before sworn judges, a right to cha
ur- lenge, an opportunity Of defence, til
len privilege Of hearing the witnesS'
hat against him, and calling the witness'
l.