The Daily empire. (Dayton, Ohio) 1865-1867, 1867-05-06
In Civil Life, Who was a Deserter
in War?

The proposed amendment TO the Consti-
tuition Of Ohio, which, If adopted, is inten-
ded by those who framed and passed the
act to extend the right of voting to nc
groes-they who are in the State now as
well as they who may emigrate to it-while
It will deprive every white soldier Of that
right who was a descrtcr during the war, or
who is so charged on the military records,
will meet with several stumbling blocks In
the way Of its execution, when Its support
ers come TO put 1t into effect.
A deserter in war times, when SC convict-
ed, by a military tribunal, is n person
but not being so convicted by military
power, how is his right of suffrage to be
prescribed save by a civil trial and conyic-
ton lie is hen another person.
The statute DISTINGUISHING deserters.
passed by the highly "loyaln Legislature
Of Pennsylvania, was most signally knock
ed into pit but a short time since, by the
Supreme Court of that State. a man, who
had been a soldier in the war, and who was
charged with desertion during the gdr, of
fered his ballot to the inspectors. He was
well known to them rs n deserter, and did
not deny It. They refused him his vote.
lie prosecuted them and the case reached
the Supreme Court, which tribunal, in eff
feet, rendered their decision, that the de-
serter, not having been tried and convicted
of desertion, was no descrter before the
law, although he might be such in fact.
The bantliBg which Ohio Radicalism has
prepared IA an amendment to our Consti-
tuition, Is of the same character as that
which was so signally tabooed by the high
court of Pennsylvania; only it is proposed
to be Incorporated into the highest law of
the State-the Constitution. To be made
efficient there must be a legislative statute
framed and passed in accordance herewith.
How will this work? The Constitution of.
the United States, Art. l, Sec. 10, says:
mo State shall pass any hill of attainder,
eG post tdct0 law, or law impairing the OBJ
legation of contracts
The proposed constitutional amendment
DISTINGUISHES two classes of persons-rebels
and deserters-on account of offenses com
mitted six years before the law will take
effect.
WEBSTER, the standard authority, gives
the following definition of an el pos, Jacto
law
ZEN POST FACTO. An EX Post Facto
law is one hat renders an act punishable
in u manner in which it was not punishable
at the time it was committed. In "A free
government, no person can be subject to
punishment by m Ec Pos tFactO ldtg.'
However, these different points will turn,
when Radlcalism shall CONT to treat of
them, on the, with them, special point,
will the deserter, who is challenged, vote
with our pdrtyP If so, the law, based on
the amended Constitution, is e1 post Jacto-
is unpatriotic, is unnatural and is inopera-
tive. If he holds the wrong ballot; won't
60 high-handed Radiealism, and all its
concomitants, of despotism, pro1igacy, rob-
berry, defiance of Constitution and law
dislranchisement of the white man and the
enforcement of the negro-then how
signally may he expect to be hustled from
the polls, with the stigmatism of Copper
head hurled after him.