The daily gazette., 1881-02-12

States and their people who created IL
and the object they had In view in such
creation. Viewing 1t, as the student o.
its history must, as . government: of lin
| tied powers-though sovereign where
| where they exist-he will seek In vain II
its constitution Tor any clause or expires
sion which directly or by any Mbera
construction of 1t or inference result Q
from it warrants the assumption thai
the general government can by penalty
| or other wise, interfere with the right oi
q citizen of Stats 20 vote at. the cleo.
| tioDs here.
| Then what does section 1895 of the Re-
4 vised Statutes of the United states nieans
IL means this that the citizenship which
| belonged to the deserter In virtue of his
being an inhabitant OF the Union and o
| citizen Of q state or In condition TO be-
come such, is taken away from him,
with all its rights, aud that he is forever
or profit under the United states, or of
exercising the right OF citizens thereof
He is In eject, so far as this terrible per-
atty IL pronounced against him, an alien /;
prec uded from being a tide master even,
np0n the United States government 10
protect him in any civft rights, or to
call himself by the proud title of Ameri-
can citizen. But he is not on that ac-
count any less a citizen ofa st ate az he
were one before entitled TO Its protec-
tion, owing duty TO It's government, and
with the right to share in the adj, inis-
ira ion of It's affairs. and take part In the
elections held therein. Z itertaining
these views, we instruct you that Ellis
Ferguson had the right TO vote at the last
election In this State on the Tuesday
next after the first Monday OF last No
vember. and that his ballot was improp-
erly rejected by the defendant.
The other que stton is-did the defend
ant In his indictment, knowingly and
wiifuliy reject ite II ne did, then your
verdict should be against him, unlefs you
are satisfied from the evidence, that he
actt d honestly In SO doing. and through
mistake. An inspector or an election is1a
Judicial as well as executive. He is to
decide. with the aid OF his associates and
such light as surrounds him at the time,
upon the constitutional question of
mans right to vote. Now as judges are
the same as other people and with like
tnhrmities of JUDI sment also, 1t has ever
been the law that no judge can be ques-
Itoned for mistake or error oftudgnent;
when he acts iraudulently or corruptIy,
or with wilful determination to do az he
please. The old MAXIM that every man 10
presumed to know the law. has no appli-
cation CO In the case ota Judge who com
best he can, in all due honesty, and II he
ial OF correct judgment, there ls no
remedy against him on that account and
Oukut NOT 10 US any. IN JDe 6tat9 Vs.
Mcdonald, 4th Haw. pages 555-6, which
was case where an inspector was IN
dicted for taking an illegal vote, this
Court instructed the jury that If a presi-
ding officer or judge OF election. acted
honestly from the best Judgment he can
!orm on the evidence before him, take a
vote which turns out be an Illegal
vote, he is not liable leA ally or morally.
But II such officer. knowing a vote TO be |
illegal, takes 1t corruptly, his position |
cannot protect him from the just punish |
ment OF his offense In the case imme- |
diately following, that of State VS.. Por- |
ter, wnere the defendant was indicted for |
refusing legal vote, the Court defined |
9 meaning Of the term corruption
which seems to be treated In election |
cases as the equivalent of wilfuilness TO |
be "the willfully and corruptly doing of 1
An act, or omiIting duty which which q
person acting in public capacity knows
q 10 be his duty TO do or omit, in disre-
gard of his onicial duty, and the obliga-
sation OF his OATH" Applying the lam
,uage of these cases to The ease you have
u hand, we instruct you, that If you be-
ieve from the evidence before you, that
he defendant did not act, In rejecting
he vote of Ferguson, against his knowl-
dye OF his right OF vote, and was not In
Iuenced by corrupt motive, you ought
o acquit him. Also, II your minds are
lot clear that he violated the law. you
.lso ought to ecquit him.